TERMS OF SERVICE

These Terms of Service (“Terms”) govern your access to and use of the Service (including our apps, websites, and related services).

The Service is provided by Machine Concord Ltd (“we,” “us,” “our”).

By downloading, installing, accessing, creating an account for, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Our Privacy Policy explains how we collect, use, share, and otherwise process personal data in connection with the Service. By using the Service, you acknowledge that you have also read the Privacy Policy.

1. Definitions

• “Service” means the applications, websites, and services we provide, including any features, functionality, and updates.
• “Content” means all software, characters, dialogue, text, images, artwork, audio, video, animations, designs, interfaces, branding, and other materials made available through the Service by us or our licensors.
• “Digital Items” means any digital content, features, or entitlements you can access through the Service (including via purchase or subscription).
• “User Content” means any content you submit, upload, transmit, or otherwise provide through the Service (e.g., text, audio, video, images, prompts, or other materials), including associated metadata.

2. Changes to These Terms

2.1 Updates

We may update these Terms at any time by posting updated Terms in the Service (or otherwise making them available). Unless stated otherwise, updates are effective when posted. We may also update subsidiary policies; see those policies for their effective dates.

2.2 Continued use is acceptance

If you continue to access or use the Service after an update takes effect, you agree to the updated Terms. If you do not agree, you must stop using the Service and cancel any subscriptions.

2.3 Additional notices

We may (but are not required to) provide additional notice of changes we consider material.

2.4 Electronic notices

You consent to receive communications from us electronically (including via the Service, email, or by posting notices within the Service). You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. Unless applicable law requires otherwise, notices are deemed received: (a) when delivered in-app; (b) when sent by email to the address associated with your account; or (c) when posted within the Service.

3. Eligibility and Account

3.1 Minimum age

You must be at least the minimum age required by law where you live to use the Service. If you are under the age of majority, you represent that you have permission from a parent/legal guardian who accepts these Terms on your behalf.

3.2 Account information

You agree to provide accurate information and keep it current.

3.3 Account security

You are responsible for all activity on your account and for maintaining the confidentiality of your credentials and devices. Notify us promptly of suspected unauthorised use.

3.4 Enforcement

We may restrict, suspend, or terminate accounts that we reasonably believe are associated with fraud, abuse, security risk, or violations of these Terms.

3.5 One person, one account

You may not create or use multiple accounts to gain an unfair advantage or to evade enforcement. With respect to multiple accounts associated with the same person, we reserve the right to close, merge or take other action as we see fit.

3.6 Use on Behalf of an Entity

If you use the Service on behalf of a company or other entity (an “Entity”), you represent and warrant that you have authority to bind that Entity to these Terms. If you do so, “you” includes both you and the Entity, and the Entity is responsible for all use of the Service under its account(s) and by anyone it authorises.

4. The Service and AI Features

4.1 AI systems

The Service includes features powered by artificial intelligence. You acknowledge and agree that:

• the Service is not a human and does not provide human judgment;
• outputs may be incorrect, incomplete, misleading, offensive, or otherwise inappropriate; and
• you are solely responsible for how you interpret, use, or rely on outputs, and for any actions you take.

4.2 No professional advice

The Service does not provide medical, psychological, legal, financial, or other professional advice. Do not rely on outputs as a substitute for professional advice.

4.3 Not an emergency service

The Service is not designed for emergencies. If you believe you may be in danger or experiencing an emergency, contact local emergency services immediately.

4.4 Service changes

To the maximum extent permitted by law, we may add, remove, modify, suspend, or discontinue any part of the Service (including features, Content, availability, and functionality) at any time, with or without notice.

5. Purchases, Subscriptions, Digital Items, and Refund Policy

5.1 Digital Items are licensed, not sold

Digital Items are licensed for access through the Service and have no real-world monetary value. Digital Items are non-transferable and may not be resold, exchanged, or redeemed for cash or other consideration.

5.2 Billing via platforms

Purchases and subscriptions may be processed by third-party platforms (e.g., app stores) and may be subject to those platforms’ terms and policies. We do not control and may not be able to alter platform billing or refund decisions.

5.3 All sales are final

To the maximum extent permitted by law, all purchases are final and non-refundable, including for partially used subscription periods or unused Digital Items. This does not limit any non-waivable rights you may have under applicable law and does not prevent a third-party platform from providing refunds under its policies. We may also, at our sole discretion, offer compensation as a form of redress for Service issues or partially used subscription periods (as in the case of changing from one subscription plan to another), which may be monetary or in the form of Digital Items.

5.4 Subscription renewal

Subscriptions renew automatically unless cancelled through the relevant platform before renewal. Pricing and renewal terms are shown at purchase.

5.5 Automatic payments

Automatic payments will be enabled only with your prior consent, and you authorise us (and payment processors acting on our behalf) to charge your selected payment method for eligible purchases in accordance with the settings you select, until you disable automatic payments. We may, at our discretion, provide tools to help you manage automatic payments (such as alerts, spending limits, and history), but you acknowledge that you are solely responsible for charges incurred through automatic payments, including ensuring your settings are correct and keeping your payment method valid.

5.6 Variable amounts

If an automatic payment or recurring subscription amounts vary (for example, due to price changes we institute, taxes, or the amount required to restore a balance to your selected level), you authorise such variable charges. We may provide notices or confirmations at our discretion or where required by law.

5.7 Chargebacks and payment abuse

If you initiate a chargeback, payment reversal, or otherwise fail to pay amounts due, we may (to the maximum extent permitted by law) restrict or terminate access, revoke Digital Items, and/or place your account in a restricted state until the issue is resolved.

6. Your Responsibilities and Acceptable Use

6.1 You are responsible for your conduct

You are solely responsible for your actions and omissions while using the Service, including interactions with AI features and any decisions you make.

6.2 Lawful use only

You will use the Service only in compliance with all applicable laws and regulations.

6.3 Prohibited conduct

You must not, and must not attempt to:

• (a) use the Service for any illegal purpose or in connection with unlawful activity;
• (b) harass, threaten, abuse, defame, or violate the rights of others (including privacy, publicity, or intellectual property rights);
• (c) use the Service to generate, request, facilitate, promote, or provide instructions for wrongdoing (including fraud, theft, exploitation, or evasion of law enforcement);
• (d) interfere with, disrupt, damage, or impair the Service, its security, or its operation; or
• (e) use the Service in a manner that could cause harm to us, the Service, or others.

6.4 No commercial or competitive use

Unless we expressly agree in writing, you may not access or use the Service or Content:

• (a) for any commercial purpose or for the benefit of a business;
• (b) to provide services to third parties;
• (c) to benchmark, evaluate, or test for publication; or
• (d) to develop, train, test, or improve any product or service that competes with the Service (including any machine learning or AI system).

6.5 Export and sanctions

You may not use, export, re-export, transfer, or make available the Service or Content except as authorised by applicable law. You represent and warrant that you are not:

• (a) located in, ordinarily resident in, or organised under the laws of any jurisdiction subject to comprehensive embargoes or broad territorial sanctions;
• (b) identified on any government restricted-party list; or
• (c) using the Service for any prohibited end use.

7. Security, Anti-Abuse, and Technical Restrictions

7.1 General prohibition

You must not, and must not attempt to (directly or indirectly), misuse the Service or Content, interfere with their integrity or operation, or circumvent any limitations, protections, or access controls. The restrictions in this Section include, without limitation, activities such as those described below.

7.2 Cheating, exploitation, and automation

You must not:

• (a) cheat, exploit, or circumvent intended limitations;
• (b) use bots, scripts, macros, automation, or unattended usage;
• (c) delegate usage to a third party (including operating the Service on behalf of others) except as expressly permitted by us in writing; or
• (d) manipulate or falsify usage, entitlements, or billing outcomes.

7.3 Reverse engineering and circumvention

You must not:

• (a) reverse engineer, decompile, disassemble, or attempt to derive source code, underlying ideas, algorithms, prompts, models, system logic, or security mechanisms; or
• (b) bypass or circumvent access controls, rate limits, paywalls, entitlement checks, geo-restrictions, or other protective measures.

7.4 Unauthorised clients and tampering

You must not:

• (a) use modified or unauthorised clients, inject code, modify binaries, or use plugins or mods not expressly permitted by us; or
• (b) intercept, monitor, or manipulate network traffic (including MITM techniques), or otherwise interfere with communications.

7.5 Unauthorised access, APIs, and scraping

You must not:

• (a) access the Service through any unauthorised means, directly or indirectly, including undocumented or unauthorised APIs; or
• (b) scrape, crawl, harvest, or collect data from the Service except as expressly permitted by us in writing.

7.6 Security testing and vulnerability reports

You must not probe, scan, or test the vulnerability of the Service or any system or network connected to it without our prior written consent. If you believe you have discovered a vulnerability (incidentally or otherwise), you are encouraged to report it to us. To the extent permitted by law, you agree not to publicly disclose the vulnerability before we have had a reasonable opportunity to investigate and mitigate it.

7.7 Enforcement and remedies

We may investigate suspected violations and take any action we deem appropriate, including restrictions, suspension, termination, revocation of Digital Items, and legal action, to the maximum extent permitted by law.

7.8 Preservation and cooperation

If we reasonably suspect abuse, you agree to: (a) preserve relevant records, logs, and evidence in your possession or control; and (b) provide reasonable cooperation and information needed to investigate and mitigate the abuse, including identifying responsible systems and personnel, to the extent permitted by law.

7.9 Contractual penalties for non-consumer abuse

To the maximum extent permitted by law, if you (or anyone acting on your behalf) engage in systematic, coordinated, or large-scale abusive or otherwise prohibited conduct in connection with the Service, including where such conduct is performed on behalf of, at the direction of, or for the benefit of any Organisation, you agree to pay us a contractual penalty of EUR 100,000 per Incident, plus EUR 10,000 per day that the prohibited conduct continues, up to a maximum of EUR 1,000,000 per Event. The parties agree this amount is a reasonable pre-estimate of harm, including investigation, mitigation, security response, engineering time, infrastructure and compute costs, business disruption, loss of trade secrets, and unauthorised copying or distribution of intellectual property. This penalty is without prejudice to our right to seek additional compensation to the extent permitted by law if our actual damages exceed the penalty, and without prejudice to injunctive relief.

This Section applies only to non-consumer use, including any use that is systematic/coordinated/large-scale or that is carried out on behalf of, at the direction of, or for the benefit of an Organisation, and does not apply to the extent prohibited by mandatory consumer protection law.

For purposes of this section:

• “Incident” means any instance of prohibited conduct (including any attempt, facilitation, or assistance), whether successful or not, and whether performed manually or through automation. An Incident includes (without limitation) each: (a) distinct technique, tool, script, exploit, or method used; (b) distinct access credential, token, session, API key, or client identifier used; (c) distinct account (or device/app instance) used; and (d) distinct day on which prohibited conduct occurs.
• “Event” means a single course of related prohibited conduct that is connected by common ownership, control, personnel, infrastructure, tooling, or objective, as determined by us acting reasonably and in good faith. Prohibited conduct affecting multiple endpoints, systems, environments, or products may be treated as separate Events, and prohibited conduct separated by more than 7 days may be treated as separate Events, even if similar in nature.
• “Organisation” includes any public or private group or body, whether incorporated or not, including any company, non-profit, association, informal collective, or government entity, agency, or instrumentality.
• “Acting in concert” includes coordinating with, directing, funding, benefiting from, materially supporting, or facilitating another person’s or Organisation’s conduct (formally or informally).

For avoidance of doubt, prohibited conduct carried out via multiple IP addresses, rotating infrastructure or multiple or evolving methods may constitute multiple Incidents and/or Events.

7.10 Reimbursement of enforcement costs for non-consumers

In addition to the contractual penalty, and to the maximum extent permitted by law, if you (or anyone acting on your behalf) engage in systematic, coordinated, or large-scale abusive or otherwise prohibited conduct in connection with the Service, including where such conduct is performed on behalf of, at the direction of, or for the benefit of any Organisation, you agree to reimburse our reasonable investigation, mitigation, and enforcement costs (including forensic, expert, incident-response, and reasonable legal costs) incurred due to the abusive conduct. To avoid double recovery, any amounts recovered as reimbursement of such costs will be credited against the contractual penalty (or vice versa) to the extent they compensate the same loss.

8. User Content and Licence to Us

8.1 Your rights and responsibilities

You represent and warrant that you have all necessary rights to provide User Content and that doing so does not violate law or third-party rights.

8.2 Broad licence

To the maximum extent permitted by law, you grant us a worldwide, perpetual, irrevocable, sub-licensable, transferable, royalty-free licence to use, host, store, reproduce, modify, adapt, create derivative works from, process, analyse, publish, communicate, distribute, and otherwise exploit User Content and related metadata for any purpose in connection with the Service and our business (including operating, improving, developing, securing, enforcing, and marketing the Service).

8.3 Privacy Policy governs personal data

Where User Content or related data constitutes personal data, we will process it in accordance with our Privacy Policy and applicable law. If there is a conflict between this Section and the Privacy Policy regarding personal data, the Privacy Policy controls.

8.4 No expectation of confidentiality

Except as required by applicable law and our Privacy Policy, you understand submissions are not confidential.

8.5 Feedback

If you provide suggestions or feedback, you grant us the right to use it without restriction or compensation.

9. Intellectual Property and Licence to You

9.1 Our ownership

The Service and all Content are owned by or licensed to us and are protected by intellectual property laws.

9.2 Limited licence to you

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sub-licensable, revocable licence to access and use the Service and Content for your own lawful, non-commercial use.

9.3 Restrictions

You may not copy, modify, distribute, publicly perform, publicly display, or create derivative works from the Service or Content except as expressly permitted in writing by us.

10. Fan Creations and Derivative Works

10.1 Fan Creations

Subject to these Terms, we permit you to create and share original, non-official derivative works inspired by the Content (such as fan art, fan fiction, cosplay photos, and similar creations) (“Fan Creations”), provided that you comply with the provisions laid out in the Terms.

10.2 Non-commercial fan use is permitted

You may display and share Fan Creations for personal, non-commercial purposes, provided that you:

• (a) do not claim or imply that your Fan Creations are official, endorsed, sponsored, or approved by us;
• (b) do not use our trademarks, logos, or branding in a way that suggests affiliation or endorsement.

10.3 Commercial use requires permission

Any commercial use of the Content or Fan Creations (including selling, licensing, merchandising, paid access, fundraising tied to the Content, or using the Content to market a product or service) requires our prior written consent, unless we expressly state otherwise in separate written guidelines.

10.4 Prohibited uses

You must not create, share, or exploit Fan Creations in a way that:

• (a) is unlawful, defamatory, harassing, or otherwise violates others’ rights;
• (b) is reasonably likely to cause material harm to the reputation or goodwill associated with the Service or the Content;
• (c) misleads users as to source or endorsement;
• (d) attempts to extract, reproduce, or disclose Confidential Information; or
• (e) uses the Content (or Fan Creations derived from the Content) to develop, train, test, or improve competing products or services (including any AI or machine learning system), except to the extent we expressly permit in writing.

10.5 Reservation of rights

We reserve all rights not expressly granted in this section. We may revoke this permission at any time and for any reason, and we may require you to modify or remove Fan Creations (including by issuing takedown requests) where we reasonably believe they violate these Terms or harm the Service, the Content, or our rights.

10.6 Licence for Shared Fan Creations

If you create Fan Creations and make them available to us through the Service, through an official channel we designate, through an affiliated platform, or to any third party, you grant us a sub-licensable licence to use, reproduce, publicly display, publicly perform, distribute, and create adaptations of such Fan Creations for the purposes of operating, promoting, and marketing the Service and the Content. Where reasonably practical, we will credit you as the creator (for example by linking to your handle or original post). To the maximum extent permitted by law, you waive (or agree not to assert) any moral rights you may have in Fan Creations against such uses, and where waiver is not permitted, you agree not to unreasonably withhold consent to acts necessary for the permitted uses.

11. Confidential Information

11.1 Confidential Information

“Confidential Information” means any non-public information relating to the Service or our business that is disclosed to you or that you obtain or access through the Service, whether in oral, visual, electronic, or written form, including without limitation: non-public features and functionality; unpublished Content; non-public product plans and roadmaps; technical documentation; internal or non-public APIs and interfaces; authentication or access mechanisms; security measures; rate limits; usage analytics; pricing and commercial terms (except those made public); and any non-public aspects of the Service’s operation, including prompts, system instructions, guardrails, workflows, model orchestration, evaluation methods, and other implementation details.

11.2 Your obligations

You agree that you will:

• (a) use Confidential Information only as necessary to use the Service as permitted by these Terms;
• (b) not disclose, publish, distribute, or otherwise make Confidential Information available to any third party; and
• (c) protect Confidential Information using at least reasonable care, and in any event no less than the care you use to protect your own confidential information of similar sensitivity.

11.3 Exclusions

Confidential Information does not include information that you can demonstrate:

• (a) is or becomes publicly available through no breach of these Terms;
• (b) you lawfully received from a third party without a duty of confidentiality; or
• (c) you independently developed without use of or reference to Confidential Information.

11.4 Compelled disclosure

If you are legally compelled to disclose Confidential Information, you may do so only to the extent required by law, and you must (to the extent legally permitted) provide us prompt notice and reasonable cooperation so we may seek protective treatment.

11.5 No licence

Except as expressly permitted by these Terms, no licence or other rights are granted to you in Confidential Information.

11.6 Injunctive relief

You agree that unauthorised use or disclosure of Confidential Information may cause irreparable harm for which monetary damages may be inadequate, and that we may seek injunctive or equitable relief (in addition to other remedies) to prevent or stop any such unauthorised use or disclosure, to the maximum extent permitted by law.

12. Third-Party Services & Platforms

12.1 Third-Party Services

The Service may integrate with or link to third-party services. We do not control third parties and are not responsible for their content, policies, or practices. Your use of third-party services is at your own risk and may be subject to third-party terms.

12.2 Third-Party Platforms

If you access the Service through a third-party platform, marketplace, or app store (each, a “Third-Party Platform”), you acknowledge and agree that:

• (a) these Terms are between you and us only, and not with the Third-Party Platform;
• (b) the Third-Party Platform has no obligation to provide maintenance, support, or warranty services for the Service;
• (c) the Third-Party Platform is not responsible for addressing claims you have relating to the Service, including product liability claims, claims that the Service fails to conform to legal or regulatory requirements, or claims arising under consumer protection laws; and
• (d) to the extent a Third-Party Platform is a third-party beneficiary of these Terms under its applicable requirements, that Third-Party Platform may enforce these Terms against you as a third-party beneficiary.

12.3 Third-Party Components

The Service may include or depend on third-party software, services, SDKs, or open-source components (“Third-Party Components”). Your use of Third-Party Components may be subject to additional terms and notices, which are incorporated by reference into these Terms where applicable. If Third-Party Component terms conflict with these Terms solely with respect to the Third-Party Component, the Third-Party Component terms will control for that limited purpose.

13. Suspension and Termination

13.1 Termination by you

You may stop using the Service at any time. If you have a subscription, you must cancel it through the relevant platform to avoid renewal.

13.2 Termination or restriction by us

To the maximum extent permitted by law, we may suspend, restrict, or terminate your access at any time, with or without notice, for any reason, including suspected violations, security risk, legal compliance, or protection of the Service.

13.3 Effect of termination

Upon termination, your right to access the Service ends. You may lose access to Digital Items and entitlements, and we are not required to provide compensation or refunds, except where required by law.

14. Disclaimers

14.1 As-is; as-available.

To the maximum extent permitted by law, the Service and Content are provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

14.2 No guarantees

We do not warrant that the Service will be uninterrupted, error-free, secure, or that any outputs will be accurate, reliable, or suitable for any purpose.

14.3 User responsibility

You acknowledge you are solely responsible for your conduct, any reliance on outputs, and any consequences arising from your use of the Service.

15. Limitation of Liability

15.1 Exclusion of damages

To the maximum extent permitted by law, we (and our affiliates, officers, directors, employees, agents, suppliers, and licensors) will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, data, goodwill, or business opportunities, arising out of or related to the Service, Content, or these Terms, even if advised of the possibility.

15.2 Liability cap

To the maximum extent permitted by law, our total liability for all claims arising out of or related to the Service, Content, or these Terms will not exceed the greater of:

• (a) the amount you paid for the Service through the applicable platform in the month preceding the event giving rise to the claim; or
• (b) EUR 50.

15.3 Non-waivable rights

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law.

16. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• (a) your use of the Service;
• (b) your User Content;
• (c) your violation of these Terms; or
• (d) your violation of any law or third-party rights.

17. Dispute Resolution, Arbitration, Class Action Waiver, Governing Law

17.1 Governing law

These Terms and any dispute arising out of or related to them, the Service, or the Content are governed by the laws of the Republic of Bulgaria, excluding its conflict of law rules.

17.2 Mandatory consumer rights

If you are a consumer, you may have mandatory rights under the laws of your country of residence. Nothing in these Terms is intended to limit those non-waivable rights.

17.3 Binding arbitration

To the maximum extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the Content (a “Dispute”) shall be resolved by binding arbitration, rather than in court, except:

• (a) either party may seek interim or injunctive relief in a competent court to protect intellectual property or confidential information; and
• (b) either party may bring an individual claim in small-claims court (or equivalent) if the claim qualifies and the court has jurisdiction.

17.4 Arbitration forum and seat

Unless required otherwise by mandatory law, the arbitration shall be seated in Sofia, Bulgaria, and administered by the Arbitration Court at the Bulgarian Chamber of Commerce and Industry (BCCI) under its applicable rules. The arbitration shall be conducted in English. A single arbitrator shall decide the Dispute.

17.5 Remote proceedings

If permitted by the rules, the parties may agree to conduct the arbitration by documents, video, or telephone.

17.6 Court relief for certain matters

Notwithstanding the arbitration requirement (where permitted), either party may seek interim or injunctive relief in a competent court to prevent or stop:

• (a) intellectual property infringement or misappropriation;
• (b) unauthorised access, scraping, or use of any API or interfaces;
• (c) reverse engineering, circumvention, or tampering;
• (d) security breaches or interference with the Service; or
• (e) violation of the licence restrictions in these Terms.

17.7 Injunctive relief

You agree that abuse, circumvention, unauthorised API use, and misuse of the Content may cause irreparable harm for which monetary damages may be inadequate. Accordingly, we may seek interim or injunctive relief in any competent forum to prevent or stop such conduct, without prejudice to other remedies. To the maximum extent permitted by law, you agree that no bond (or only a minimal bond) should be required.

17.8 Billing disputes

If you believe there is an error in billing, charges, or subscription status, you must notify us (and, where applicable, the Third-Party Platform) within 30 days of the charge or event. If you do not do so, you agree that the charge will be considered accurate, to the maximum extent permitted by law.

17.9 Prompt notice of disputes

You agree to notify us of any dispute, issue, or claim relating to the Service within 30 days of becoming aware of it, and to provide reasonable cooperation and information so we can investigate and attempt to resolve the matter. Failure to provide prompt notice may impair our ability to investigate and may be considered in any resolution to the extent permitted by law.

17.10 Class action waiver

To the maximum extent permitted by applicable law, Disputes must be brought on an individual basis only. You and we agree that:

• (a) there is no right or authority for any Dispute to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action; and
• (b) no arbitration may be consolidated with another arbitration without the consent of all parties.

17.11 Unenforceable arbitration/class waiver

If a court of competent jurisdiction determines that the arbitration agreement or class action waiver in this Section is unenforceable as to a particular claim or in a particular jurisdiction, then:

• (a) that portion shall not apply to that claim or in that jurisdiction, and
• (b) the remaining provisions of these Terms will remain in effect.

17.12 Court venue

Where arbitration does not apply, and to the maximum extent permitted by applicable law, the courts of Sofia, Bulgaria shall have exclusive jurisdiction over Disputes, and you consent to their jurisdiction and venue.

17.13 Opt-out

If you wish to opt out of the arbitration agreement and class action waiver, you may do so by sending written notice to us within 30 days of first acceptance of these Terms, stating your name and sufficient information to identify your account or Service access, and that you opt out. Opting out will not affect other provisions of these Terms.

18. Miscellaneous

18.1 Entire agreement

These Terms (and any policies incorporated by reference, including the Privacy Policy) constitute the entire agreement between you and us regarding the Service.

18.2 Severability

If any provision is held unlawful or unenforceable, the remaining provisions remain in effect.

18.3 No waiver

Our failure to enforce a provision is not a waiver of our right to do so later.

18.4 Assignment

We may assign these Terms and our rights and obligations without restriction. You may not assign these Terms without our prior written consent.

18.5 Survival

Upon termination, the following sections (and any other provisions that by their nature should survive) will survive: Definitions; User Content and Licence to Us; Intellectual Property and Licence to You; Confidential Information; Purchases/No Refunds (as applicable); Disclaimers; Limitation of Liability; Indemnification; Dispute Resolution/Arbitration/Class Waiver; and Miscellaneous.

18.6 No third-party beneficiaries

Except as expressly stated in these Terms (including any Third-Party Platform third-party beneficiary rights, if applicable), these Terms do not confer any third-party beneficiary rights on any person or entity.

18.7 Set-off

Our rights and remedies are cumulative and not exclusive. To the maximum extent permitted by law, we may set off amounts you owe us against amounts we otherwise would pay you (if any).

18.8 Governing language

These Terms may be provided in multiple languages for convenience. To the maximum extent permitted by law, if there is any conflict between a translated version and the English version, the English version controls. Headings are for convenience only and do not affect interpretation.

18.9 Force majeure

To the maximum extent permitted by law, we are not liable for any delay, failure in performance, or unavailability of the Service resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, changes in law, internet or telecommunications failures, power failures, or failures of hosting, cloud, or other service providers.

19. Point of Contact

Machine Concord Ltd is a limited company incorporated in the state of Bulgaria.

Its registered address is:

Machine Concord Ltd
65 Shipchenski prohod Str - #218
Sofia, 1574
Republic of Bulgaria.

All service related enquiries should be made to our general support email: support@koitomo.com.