Dana Fit AI

Terms of Service

Last updated: May 2026

1. Introduction And Agreement

About These Terms

These terms of service (the "Terms") set out the terms and conditions on which you may access and use the Dana Fit AI web-hosted application and related services (together, the "Service"). By creating an account, accessing, or using the Service at any time, you agree to be bound by these Terms, which form a legally binding agreement between you and the operator of Dana Fit AI (the "Provider", "we", "us", or "our").

Acceptance Of Terms

By ticking the relevant acceptance box, clicking "accept" or "agree", creating an account, or otherwise using the Service, you confirm that:
  • you have read and understood these Terms in full,
  • you have the legal capacity to enter into a binding contract in your jurisdiction,
  • you are at least 18 years old, and
  • you agree to comply with and be legally bound by these Terms.

Updates To These Terms

We may amend or update these Terms from time to time. Where required by applicable law, we will give you advance notice of material changes. The updated Terms will apply from the date specified in the notice. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription before the updated Terms take effect. Your continued use of the Service after any update constitutes your acceptance of the updated Terms.

Jurisdiction And Consumer Status

These Terms are intended for individual consumer users. Nothing in these Terms is intended to deprive you of any mandatory rights you may have as a consumer under applicable law in your country of residence. To the extent there is any conflict between these Terms and such mandatory consumer rights, your mandatory rights will prevail.

2. Description Of The Service

Nature Of The Service

Dana Fit AI is a web-hosted, artificial-intelligence-powered coaching assistant made available on a 24 hours a day, 7 days a week basis (subject to Clause 10) that:
  • analyses information you provide about your current fitness and nutrition regime,
  • generates suggested fitness and nutrition programmes tailored to your stated goals,
  • provides step-by-step guidance regarding next actions, such as suggested meals and training sessions,
  • includes tools such as a workout calendar, macro and protein targets, automated grocery lists, and an exercise library,
  • may from time to time include additional or modified tools and features.

Information Service Only

The Service provides general informational and educational content and algorithmically generated recommendations based on information you input. The Service does not constitute medical, nutritional, physiotherapy, or other professional healthcare advice, diagnosis, or treatment. The Service is not a substitute for consultation with qualified healthcare professionals.

No Results Guaranteed

You acknowledge that any fitness, weight management, nutritional, or other outcomes depend on numerous factors outside our control, including your personal health status, adherence to any suggested plan, lifestyle, and other conditions. We do not guarantee any particular results, outcomes, or improvements from use of the Service.

Service Modifications

We may, in our sole discretion, introduce new features, modify existing features, or discontinue parts of the Service from time to time, provided that we will not materially reduce the overall functionality of the Service you have paid for during any pre-paid subscription period, except where required by law or by third-party suppliers.

3. Eligibility And User Account

Eligibility

To use the Service you must:
  • be an individual consumer,
  • be at least 18 years of age,
  • have full legal capacity to enter into binding contracts in your jurisdiction, and
  • not be prohibited from using the Service under any applicable law.

Account Registration

To access the Service you must create an account by providing accurate, current, and complete registration information, including, where applicable, your name, contact details, and payment details. You must promptly update your account information to keep it accurate and complete.

Account Credentials And Security

You are solely responsible for:
  • maintaining the confidentiality and security of your login credentials,
  • restricting access to your devices and account, and
  • all activities that occur under your account, whether or not authorised by you.
If you become aware of or suspect any unauthorised use of your account or any other security breach, you must notify us without undue delay.

Personal Use Only

Your account is personal to you. You must not share your account, login credentials, or subscription with any other person, and you must not permit any other person to access the Service using your account.

Accuracy Of Submitted Information

You are solely responsible for ensuring that all information you provide to the Service, including information concerning your health, fitness level, medical history, dietary habits, and goals, is truthful, accurate, and not misleading. The quality and appropriateness of the AI-generated recommendations depend directly on the quality and completeness of the information you provide.

4. Health, Safety, And Medical Disclaimers

No Medical Advice

The Service and all content, recommendations, training plans, nutrition suggestions, and related information made available through the Service:
  • are intended for general informational and educational purposes only,
  • do not constitute medical, nutritional, diagnostic, therapeutic, physiotherapy, psychological, or other professional healthcare advice,
  • are not intended to create, and do not create, a doctor–patient, dietitian–client, or other professional relationship between you and us.

Consult Your Healthcare Provider

You acknowledge and agree that:
  • before starting or materially changing any exercise, fitness, or nutrition programme, including any plan generated by the Service, you will consult with an appropriately qualified healthcare professional (such as your general practitioner, physician, or other relevant specialist),
  • you will not rely on the Service as a sole basis for decisions relating to your health or nutrition.

No Consideration Of All Individual Circumstances

The Service and its AI-generated outputs do not consider, and cannot fully consider, all of your individual circumstances, including but not limited to:
  • undiagnosed medical conditions,
  • specific injuries, disabilities, or limitations,
  • medication use and interactions,
  • allergies or intolerances,
  • pregnancy or postnatal status,
  • any other conditions or factors not disclosed or incapable of being properly assessed by the Service.
You must not use the Service if any of the above or other relevant circumstances make exercise or particular dietary changes unsafe for you, unless expressly cleared by your healthcare provider.

Stop Exercising If Unwell

You must immediately stop exercising, following any plan or recommendation generated by the Service, and seek medical advice if:
  • you experience any pain, discomfort, dizziness, shortness of breath, chest pain, palpitations, faintness, or any other unusual or worrying symptoms,
  • you feel unwell or have any reason to suspect that continuing may be unsafe.

High-Risk Individuals

Without limitation, you must consult a healthcare professional and obtain explicit clearance before using or continuing to use the Service if:
  • you are pregnant, planning pregnancy, or postpartum,
  • you have any cardiovascular disease, high blood pressure, or related condition,
  • you have any respiratory, metabolic, neurological, musculoskeletal, or joint conditions,
  • you have diabetes or any other chronic disease,
  • you have been advised by a healthcare professional to avoid strenuous activity or particular movements or food types.

Assumption Of Risk

By using the Service you understand and voluntarily accept that:
  • participation in physical exercise and changes to diet carry inherent risks of injury, illness, or other adverse events, including, without limitation, muscle strain, overexertion, dehydration, and in rare cases, serious injury or death,
  • you are solely responsible for determining whether any suggested activity or dietary change is appropriate in light of your own health and physical condition and the environment in which you perform it.

No Emergency Or Crisis Service

The Service is not designed for use in medical emergencies or urgent situations. If you believe you may be experiencing a medical emergency or serious health problem, you must immediately contact emergency services or your healthcare provider and must not rely on the Service.

5. Use Of The Service And Acceptable Use

Permitted Use

Subject to your strict compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your personal, non-commercial use.

Prohibited Conduct

You must not:
  • use the Service in any manner that violates any applicable law or regulation,
  • use the Service in a way that is unlawful, fraudulent, misleading, harmful, or otherwise objectionable,
  • use the Service to provide any form of fitness, nutrition, or health advice or services to third parties, whether for commercial gain or otherwise,
  • copy, distribute, sell, resell, lease, sub-license, or make available the Service or any content to any third party,
  • interfere with, disrupt, or attempt to gain unauthorised access to any part of the Service, any other user account, or any related systems or networks,
  • use automated means (including bots, scrapers, or crawlers) to access or collect information from the Service except as expressly authorised,
  • upload, transmit, or otherwise make available any content that is unlawful, defamatory, infringing, obscene, hateful, discriminatory, invasive of privacy, or otherwise objectionable,
  • introduce any virus, malware, or other harmful code into the Service.

User Content

You may provide or upload content, data, or materials to the Service, including information about your health, fitness, dietary habits, goals, or preferences ("User Content"). You:
  • retain ownership of your User Content,
  • grant us a worldwide, non-exclusive, royalty-free licence, for the duration of your use of the Service and for such additional period as permitted or required by law, to use, reproduce, process, adapt, display, and otherwise handle your User Content solely for the purposes of operating, maintaining, improving, and providing the Service and as otherwise described in our privacy notice,
  • warrant that you have all rights necessary to provide the User Content and grant the foregoing licence and that such User Content does not infringe any third-party rights or violate any law.

Exercise Library And Third-Party Materials

The Service may include an exercise library, instructional videos, images, descriptions, or other materials produced by us or third parties. Such materials are provided for general informational purposes only and are subject to all disclaimers in these Terms. We do not endorse, warrant, or guarantee the accuracy, completeness, or safety of any third-party materials.

6. Subscription, Free Trial, And Fees

Free Trial

New users may be offered a free trial period of seven consecutive days (the "Free Trial") to access the Service without payment of subscription fees. The Free Trial:
  • is available once per user unless we expressly state otherwise,
  • begins on the date you first register for the Service and activate the trial,
  • automatically converts into a paid subscription at the then-current subscription rate at the end of the Free Trial, unless you cancel your subscription before the end of the Free Trial in accordance with Clause 7.

Subscription

After expiry of the Free Trial, your continued use of the Service is subject to payment of recurring subscription fees (the "Subscription") at the applicable rate and billing frequency specified on our pricing page. By providing your payment details and starting the Free Trial, you authorise us to charge the applicable subscription fees using your chosen payment method at the end of the Free Trial and on a recurring basis thereafter until cancellation.

Fees And Pricing

The applicable subscription fees, billing frequency (for example, monthly or annually), and any applicable taxes or charges will be disclosed to you before you confirm your subscription. We may change our subscription fees from time to time. Any change in fees will apply only from the start of your next billing period, and we will provide you with prior notice of any fee changes where required by law.

Payment Processing

Payments are processed by us or by one or more third-party payment processors such as Stripe acting on our behalf. By providing payment card or other billing information, you:
  • represent and warrant that you are authorised to use the designated payment method,
  • authorise us and our payment processors to charge your payment method for all amounts due in connection with your Subscription, including any taxes or other charges,
  • agree to maintain valid and up-to-date payment information during the term of your Subscription.

Automatic Renewal

Your Subscription will automatically renew at the end of each billing period, and your payment method will be charged the then-current subscription fee for the next billing period, unless and until you cancel your Subscription in accordance with Clause 7. If your payment cannot be processed, we may, without obligation, attempt to process the payment again or suspend or terminate your access to the Service.

Promotions And Discounts

From time to time we may offer promotional pricing, discounts, or other special offers. Any such offers may be subject to additional terms and conditions and are available only for the periods and under the conditions specified. We reserve the right to modify or withdraw any promotion at any time in accordance with applicable law.

7. Consumer Right To Cancel And Refunds

Statutory Right To Cancel (Cooling-Off Period)

If you are a consumer resident in the United Kingdom or in a member state of the European Economic Area and you purchase a Subscription online, you may have a statutory right to cancel your Subscription contract within 14 days from the day after you enter into the contract without giving any reason (the "Cooling-Off Period"), subject to the provisions of this Clause 7.

Commencement Of Service During Cooling-Off Period

Where applicable law provides a Cooling-Off Period, you acknowledge and agree that:
  • by starting to use the Service (including during a Free Trial that converts into a paid Subscription), you request and expressly consent to us beginning the performance of the Service before the end of the Cooling-Off Period, and
  • you acknowledge that you may lose your right to cancel without charge once the Service has been fully performed, or you may be required to pay for the portion of the Service already provided as at the date you notify us of cancellation, in accordance with applicable law.

How To Exercise Statutory Right To Cancel

To exercise a statutory right to cancel under applicable consumer law, where available, you must inform us of your decision to cancel your Subscription by a clear statement (for example, by sending us an email at hello@danafit.ai or using any online cancellation mechanism we make available). You should include your name, account details, and a clear reference to your wish to cancel.

Contractual Cancellation Right

In addition to any statutory right to cancel, you may at any time cancel your Subscription with effect from the end of your then-current billing period by following the cancellation instructions within your account settings or by contacting us as specified in Clause 16. If you cancel, your Subscription will remain active until the end of the paid billing period, after which your access to the paid features of the Service will cease.

Refund Policy

Unless otherwise required by applicable law or expressly stated by us:
  • subscription fees already paid for a billing period are non-refundable once that billing period has commenced,
  • no refunds are provided for partial periods, unused features, or lack of usage,
  • if you validly exercise a statutory right to cancel within the Cooling-Off Period, and you are entitled to a refund under applicable law, we will refund you the appropriate amount, which may be reduced proportionately to reflect the period during which the Service was provided to you prior to your cancellation.

Refund Method And Timing

Any refund to which you are legally entitled will be made using the same means of payment you used for the initial transaction, unless we have expressly agreed otherwise with you and provided that you do not incur any fees as a result. We will process any refund without undue delay and, in any event, within the time limits specified by applicable law following receipt of your valid cancellation notice.

Third-Party App Stores Or Platforms

If you obtained access to the Service and paid for your Subscription through a third-party app store or platform, any cancellation or refund may need to be managed through that third party, subject to its terms and applicable law. In such cases, we may not be able to process cancellations or issue refunds directly, and you must follow the instructions provided by that third party.

Effect Of Cancellation Or Termination

Upon effective cancellation of your Subscription:
  • you will lose access to paid features of the Service at the end of the relevant period,
  • your account may remain in a limited free-access state if we offer any such free tier,
  • these Terms will continue to apply to any matters arising prior to cancellation, including payment obligations, intellectual property restrictions, disclaimers, and limitations of liability.

8. Intellectual Property Rights

Ownership Of The Service

All rights, title, and interest in and to the Service, including but not limited to the software, code, algorithms, data models, user interfaces, design, text, graphics, images, videos, audio, logos, trademarks, trade names, and any other content or materials (excluding User Content), are and shall remain the exclusive property of the Provider and its licensors.

Licence To Use The Service

Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your personal, non-commercial use only, as set out in Clause 5. No rights are granted to you other than as expressly set out in these Terms.

Restrictions

You must not:
  • copy, reproduce, modify, adapt, translate, create derivative works from, decompile, disassemble, reverse-engineer, or otherwise attempt to derive the source code or underlying structure of the Service, except to the extent such activity is expressly permitted by applicable law notwithstanding this restriction,
  • remove, alter, or obscure any copyright, trademark, or other proprietary notices on or in the Service,
  • use any of our trademarks, trade names, or branding without our prior written consent.

Feedback

If you provide any suggestions, comments, or feedback regarding the Service ("Feedback"), you acknowledge that we may use such Feedback for any purpose, including improving or marketing the Service, without obligation to you. You irrevocably assign to us all rights in and to any Feedback and waive any moral rights you may have in it to the maximum extent permitted by law.

9. Data Protection And Privacy

Processing Of Personal Data

In connection with your use of the Service, we will collect, use, store, and otherwise process personal data about you, which may include information relating to your identity, contact details, account information, payment details, device identifiers, usage data, and information you choose to provide relating to your fitness, nutrition, and associated activities.

Privacy Notice

Dana Fit AI will process your personal data in accordance with our privacy notice, as amended from time to time. Our privacy notice explains in more detail:
  • what categories of personal data we collect,
  • the purposes for which we process personal data,
  • the legal bases on which we rely for such processing,
  • with whom we may share personal data,
  • any international transfers of personal data,
  • how long we retain personal data,
  • your rights under applicable data protection laws, including rights of access, rectification, deletion, restriction, objection, and data portability, where applicable.

Special Category Data And Health Information

To the extent that you provide information relating to your health, fitness, or nutrition which may constitute special categories of personal data or health data under applicable law, you expressly consent, where required by law, to our processing of such data for the purposes of providing and improving the Service in accordance with our privacy notice.

Security

We take commercially reasonable technical and organisational measures to protect your personal data and User Content against unauthorised or unlawful processing and against accidental loss, destruction, or damage. However, you acknowledge that no system is completely secure, and we cannot guarantee absolute security of your data.

Third-Party Services

The Service may integrate with or provide links to third-party services, websites, or platforms. The collection and use of your personal data by such third parties is governed by their own privacy policies and terms, not by these Terms or our privacy notice. We are not responsible for the privacy or data practices of such third parties.

10. Availability, Maintenance, And Support

Availability

We will use reasonable endeavours to make the Service available to you on a 24 hours a day, 7 days a week basis. However, you acknowledge that:
  • the Service may be subject to scheduled or emergency maintenance,
  • we do not guarantee that the Service will be uninterrupted, timely, secure, or error-free,
  • access to the Service may be suspended or interrupted by events beyond our reasonable control, including but not limited to failures of telecommunications networks, internet services, or third-party hosting providers.

Maintenance And Updates

We may from time to time perform maintenance or deploy updates, upgrades, bug fixes, and other modifications to the Service. We will endeavour, where reasonable, to minimise disruption and, where practicable, to provide notice of scheduled maintenance that may materially affect availability.

Support

We may provide user support through help pages, FAQs, or contact channels described within the Service or on our website. Unless expressly agreed otherwise, we do not undertake to provide any particular level of support or response time.

No Obligation To Continue

While we intend to continue offering the Service, we reserve the right to suspend, discontinue, or materially modify all or any part of the Service at any time for any reason, subject to any refunds or other remedies required by applicable law in respect of pre-paid fees.

11. Disclaimers

General Disclaimer

To the maximum extent permitted by applicable law and subject always to Clause 12.4:
  • the Service and all related content, information, and recommendations are provided on an "as is" and "as available" basis,
  • we do not make, and expressly disclaim, any and all representations, warranties, or conditions of any kind, whether express, implied, statutory, or otherwise, including any implied warranties or conditions of accuracy, completeness, merchantability, fitness for a particular purpose, non-infringement, reasonable skill and care, or availability,
  • we do not warrant that the Service will meet your requirements, that any particular results may be obtained through use of the Service, or that the Service will be compatible with your devices or free from errors, defects, viruses, or other harmful components.

Fitness And Nutrition Information

Without limiting Clause 11.1:
  • we make no representation or warranty regarding the accuracy, completeness, reliability, or appropriateness of any fitness, exercise, or nutritional information or recommendations provided through the Service,
  • you use any such information entirely at your own risk and under your own responsibility, subject to your mandatory rights under applicable law.

Third-Party Content And Services

The Service may display, include, or make available content, data, information, applications, or materials from third parties, or provide links to third-party websites or services. We do not endorse, control, or assume any responsibility for any such third-party content or services. Your use of third-party content or services is solely at your own risk and may be subject to separate terms and privacy policies.

No Professional Advice

Without limitation, nothing in or made available through the Service constitutes medical, nutritional, psychological, legal, financial, or any other professional advice, nor does it create any professional-client relationship of any kind.

12. Limitation Of Liability

Applicability

This Clause 12 applies to the maximum extent permitted by applicable law. Nothing in these Terms limits or excludes any liability which cannot be limited or excluded under applicable law.

Exclusion Of Certain Losses

Subject to Clause 12.1 and your mandatory rights as a consumer, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
  • loss of profits, revenue, or anticipated savings,
  • loss of business, opportunity, or goodwill,
  • loss or corruption of data,
  • indirect, consequential, incidental, special, or punitive losses or damages,
in each case arising out of or in connection with your use of, or inability to use, the Service, even if we have been advised of the possibility of such loss or damage.

Overall Liability Cap

Subject to Clauses 12.1 and 12.4 and to any mandatory rights you may have under applicable law, our aggregate liability to you for all claims arising out of or in connection with these Terms and your use of the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of:
  • the total amount of subscription fees actually paid by you to us in respect of the Service during the twelve months immediately preceding the event giving rise to the claim, and
  • an amount corresponding to any minimum liability limit required by mandatory applicable law.

Non-Excludable Liability

Nothing in these Terms shall limit or exclude our liability for:
  • death or personal injury caused by our negligence or the negligence of our employees,
  • fraud or fraudulent misrepresentation,
  • any other liability that cannot be excluded or limited under applicable law.

Your Responsibility

Without limiting any other provision of these Terms:
  • you are solely responsible for your decision to use the Service and for how you use any information or recommendations provided,
  • you are solely responsible for ensuring that your use of the Service is compatible with your health status, capabilities, and environment and for consulting with healthcare professionals where necessary.

13. Indemnity

Indemnification Obligation

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Provider, its affiliates, and its and their respective officers, directors, employees, contractors, and agents (together, the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
  • your breach of these Terms,
  • your misuse or improper use of the Service,
  • your violation of any applicable law or regulation,
  • any claim that your User Content infringes or violates any third-party rights (including intellectual property or privacy rights),
  • any other act or omission for which you are responsible under applicable law.

Consumer Protection

Nothing in this Clause 13 shall deprive you of any statutory rights or protections you may have as a consumer under applicable law, nor shall it require you to indemnify us to a greater extent than permitted under such law.

14. Suspension And Termination

Suspension Or Termination By Us

We may suspend or terminate your access to the Service, or to any part of it, at any time and without liability to you, if:
  • you materially breach these Terms or any other applicable terms or policies,
  • you fail to pay any fees due in respect of your Subscription,
  • we are required to do so by law, regulation, or court order,
  • continuing to provide the Service to you could, in our reasonable opinion, pose a security risk, legal risk, or risk of harm to us, to the Service, or to any third party.

Termination By You

You may terminate your Subscription at any time in accordance with Clause 7.4. If you wish to delete your account entirely, you may submit a request through the mechanisms described in the Service or our privacy notice, subject to our retention obligations under applicable law.

Effect Of Termination

Upon termination for any reason:
  • all rights and licences granted to you under these Terms will immediately cease,
  • you must immediately stop all use of the Service,
  • any provisions of these Terms which by their nature should survive termination (including, without limitation, provisions relating to intellectual property, payment obligations, disclaimers, limitation of liability, indemnity, and governing law) shall continue in full force and effect.

No Prejudice To Statutory Rights

Termination of the Service and of these Terms does not affect any rights, remedies, obligations, or liabilities that have accrued to you or to us up to the date of termination, including any right to claim damages in respect of any breach of these Terms which existed at or before the date of termination.

15. Governing Law And Dispute Resolution

Governing Law

Subject to any mandatory provisions of the law of your country of residence that cannot be varied by agreement, these Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the jurisdiction in which the Provider is established, without regard to any choice or conflict of law rules.

Consumer Protection And Local Law

If you are a consumer resident in the United Kingdom, a member state of the European Economic Area, or another jurisdiction that provides mandatory consumer protection laws, you may benefit from such mandatory provisions, and nothing in these Terms shall deprive you of the protection afforded to you by those mandatory provisions.

Jurisdiction

You and we agree that the courts of the jurisdiction specified by the Provider as its principal place of business shall have non-exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms or the Service. This means that you may bring a claim to enforce your consumer protection rights in connection with these Terms in that jurisdiction or in your country of residence.

Informal Resolution

Before initiating any legal action, you are encouraged to contact us to seek an informal resolution of any dispute. We will use reasonable efforts to resolve disputes in good faith.

16. Communications And Contact Details

Notices From Us

We may provide you with notices or other communications regarding the Service or these Terms electronically, including by:
  • email to the address associated with your account,
  • notifications within the Service,
  • messages posted to your account or our website.
You are responsible for keeping your email address and other contact details accurate and up to date.

Notices To Us

You may contact us in connection with the Service or these Terms by emailing us at hello@danafit.ai. Notices relating to cancellation, statutory rights, or legal matters should be clearly marked and include sufficient information for us to identify your account and the nature of your request.

Language

These Terms are drafted in English. If these Terms are translated into another language, the English version shall prevail to the extent of any inconsistency, except as otherwise required by applicable law.

17. General Provisions

Entire Agreement

These Terms, together with any documents or policies expressly incorporated by reference (including our privacy notice and any specific subscription or promotional terms), constitute the entire agreement between you and us in relation to your use of the Service and supersede all prior or contemporaneous understandings, agreements, negotiations, or communications, whether written or oral.

Severability

If any provision of these Terms is held by a court or competent authority to be invalid, illegal, or unenforceable, that provision shall, to the extent required, be deemed deleted, and the remaining provisions shall continue in full force and effect. If any invalid, illegal, or unenforceable provision would be valid, legal, and enforceable if some part of it were deleted or modified, the provision shall apply with such modification as is necessary to give effect to the commercial intention of the parties.

No Waiver

No failure or delay by us in exercising any right, power, or remedy under these Terms shall operate as a waiver of that or any other right, power, or remedy. Any waiver of any right, power, or remedy must be in writing and shall apply only to the specific instance in which it is given.

Assignment

You may not assign, transfer, or otherwise dispose of any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms, in whole or in part, to any affiliate or in connection with a merger, acquisition, corporate reorganisation, or sale of assets, subject to compliance with applicable law.

Third-Party Rights

Except as expressly stated otherwise, these Terms do not confer any rights on any third party to enforce any of their provisions. However, an assignee of our rights and obligations under these Terms may enforce these Terms in our place, to the extent of such assignment.

Relationship Of The Parties

Nothing in these Terms is intended to or shall be deemed to establish any partnership, joint venture, agency, or employment relationship between you and us. You and we are independent contracting parties.

Survival

Any provision of these Terms which expressly or by implication is intended to come into or continue in force on or after termination or expiry of these Terms, including provisions relating to intellectual property, payment obligations, disclaimers, limitation of liability, indemnity, governing law, and dispute resolution, shall remain in full force and effect.

Headings

Clause headings are for convenience only and do not affect the interpretation of these Terms.

By creating an account or otherwise using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms.