TERMS OF USE Effective Date: April 14, 2026
INTRODUCTION
These Terms of Use (the “Terms“) apply to your access and use of our mobile application “Spilio” (the “App”), our websites (including but not limited to https://spilio.one/, https://www.spilio.info/ ), our blog, and all related services, features, materials, and content available for your use (collectively the “Service“) provided by Extramile Limited, a company incorporated in Cyprus, company number ΗΕ 445953, whose registered office is located at Prodromou, 75, ONEWORLD PARKVIEW HOUSE, Floor 4, 2063, Nicosia, Cyprus (“we”, “us”, “our” or the “Company”). If you have any questions about the Terms or our Service, please contact us at support@spilio.one. Depending on your location, the platform through which you access the Service, or other relevant factors, your subscription or purchase may be processed by one of Extramile's authorised billing and payment partners. These partners are: Scalence Limited, a company incorporated in Cyprus (company number HE 476595), with its registered office at Prodromou, 75, Oneworld Parkview House, Floor 4, 2063, Nicosia, Cyprus; and Fulfilling Inc., a company incorporated in Delaware, USA, with its registered address at 1007 N Orange St., 4th Floor, Suite 1382, Wilmington, New Castle, DE 19801. Where your subscription or purchase is processed by one of these partners, that partner is responsible for billing, payment collection, subscription activation, and the management of refunds and payment disputes in connection with that transaction. Regardless of which entity processes your payment, your access to and use of the Service is governed solely by these Terms and Extramile's Privacy Policy. Extramile remains responsible for the Service, its content, functionality, and performance. The billing and payment partners listed above are not responsible for the Service itself and have no obligations in relation to its operation, functionality, or content. Neither Extramile nor any billing and payment partner shall be jointly liable for the other's obligations.
IMPORTANT NOTICE REGARDING AUTOMATIC RENEWALS
THIS SERVICE INCLUDES AUTO-RENEWING SUBSCRIPTIONS. BY STARTING A TRIAL OR COMPLETING A PURCHASE, YOU AGREE THAT YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AT THE END OF EACH BILLING CYCLE UNLESS CANCELLED AT LEAST TWENTY-FOUR (24) HOURS BEFORE RENEWAL.
IF YOU DO NOT CANCEL IN TIME, THE APPLICABLE FEE WILL BE CHARGED TO YOUR CHOSEN PAYMENT METHOD. DELETING THE APP OR YOUR ACCOUNT DOES NOT CANCEL YOUR SUBSCRIPTION. TO STOP RENEWAL, YOU MUST CANCEL SUBSCRIPTION THROUGH YOUR ACCOUNT SETTINGS ON THE APP STORE, GOOGLE PLAY, OR WEBSITE, DEPENDING ON WHERE YOU SUBSCRIBED.
FOR MORE DETAILS, SEE SECTION 6 – SUBSCRIPTION TERMS AND RENEWALS.
BINDING ARBITRATION AND DISPUTE RESOLUTION NOTICE
These Terms include a Binding Arbitration Provision in Section 18 that significantly impacts your legal rights. The arbitration provision mandates that any disputes or claims arising from or related to these Terms or our Service will be resolved exclusively through arbitration on an individual basis.
Additional Key Provisions:
CLASS ACTION WAIVER: Section 18 includes a waiver of your right to participate in class actions or other collective proceedings.
DISCLAIMERS OF WARRANTIES: Section 10 contains disclaimers regarding warranties related to our Service.
LIMITATION OF LIABILITY: Section 11 outlines the limitations on our liability for damages or losses. It is essential that you carefully review all sections of these Terms to fully understand your rights and obligations. By accessing, downloading, installing, or using any part of our Service, you confirm that you have read, understood, and agreed to be bound by these Terms.
IF YOU DO NOT AGREE TO THESE TERMS (INCLUDING BUT NOT LIMITED TO BINDING ARBITRATION PROVISION), YOU MUST NOT ACCESS OR USE OUR SERVICE. CONTINUED USE OF THE SERVICE CONSTITUTES YOUR ONGOING AGREEMENT TO THESE TERMS.
CHANGES TO THESE TERMS
We may change, modify, or remove portions of these Terms at our sole discretion. If we make changes to these Terms, we may post the updated version within our Service and revise the "Effective Date" accordingly. At our discretion, we may also notify you of significant changes. If you do not agree with any updated Terms, you must stop using the Service, delete your account, or cancel your subscription before the Effective Date. Your continued use after changes is implemented constitutes your acceptance of the updated Terms. We encourage you to regularly review these Terms for updates.
IMPORTANT DISCLAIMERS
For Informational and Educational Purposes Only. All Content is provided for general knowledge and entertainment purposes only. The Service does not constitute academic certification, professional advice, or formal education of any kind. Not Accredited or Endorsed. The App is not affiliated with, accredited by, or endorsed by any educational institution, examination board, governmental authority, or professional body. Completion of any lesson, quiz, or learning plan does not confer any certificate, credential, qualification, or academic credit. Users seeking formal qualifications should engage with appropriately accredited institutions. Personalised Learning Plans and Recommendations. The Service may generate customised learning plans or content suggestions based on your inputs, goals, quiz results, or in-app activity. These are generated by automated systems to enhance your experience. They are not a substitute for human educators, formal assessment tools, or tailored educational advice. The quality and relevance of recommendations may vary depending on your usage and the profile information you provide. Quizzes and Interactive Features. Quizzes and interactive tools are designed to promote engagement and reinforce knowledge retention. Quiz performance does not reflect formal evaluation standards and should not be interpreted as an objective or standardised measure of academic proficiency or general ability. We do not warrant that quiz content is exhaustive, comprehensive, or free from error. No Guaranteed Learning Outcomes. Using the Service may support your learning and cognitive development; however, we make no representations or guarantees regarding learning outcomes, knowledge retention, personal development, or the achievement of any specific educational goal. We do not guarantee that you will remain motivated or engaged throughout any learning plan. Educational progress varies based on individual learning styles, prior knowledge, preferences, and external factors beyond our control. Health and Wellbeing. The Service is designed to be engaging and mentally stimulating. We make no representations regarding any impact on cognitive function, mental health, or general wellbeing. The Service is not a medical device and does not provide medical, psychological, or therapeutic advice. If you experience discomfort or adverse effects associated with use of the Service, please discontinue use and consult a qualified healthcare professional.
REGISTRATION AND ELIGIBILITY
Age Restrictions. Our Service is intended for individuals aged 18 or older, or the minimum age required by applicable law. We do not knowingly allow children to register for or use our Service. If you become aware that a child is using our Service in violation of these Terms, please contact us via support@spilio.one, and we will take necessary actions to address the issue. Access to the Service. To use and fully access our Service, you may be required to create an account (“Account”). By doing so, you agree to provide accurate, current, and complete information and to promptly update any changes to your information. You are responsible for ensuring that all activities performed through your Account represent your own authentic use of the Service. You accept full responsibility for any actions or activities conducted under your Account, whether through your computer, mobile device, or other means. Your login credentials, including your username and password, are strictly for personal use and must be kept secure and confidential. Sharing your login credentials with others is expressly prohibited, and any breach of this obligation may result in suspension or termination of your Account. If you suspect unauthorized access to your Account or any security breach, you must notify us immediately at support@spilio.one. If you create an Account or use our Service on behalf of another person or entity, you confirm that you have the authority to accept these Terms on their behalf. If you suspect unauthorized access to your Account or any security breach, you must notify us immediately via support@spilio.one.
SUBSCRIPTIONS
General Information Certain features of the App are available exclusively through a paid subscription. We offer subscription plans on a weekly, monthly, and annual basis, as well as any other billing intervals we may introduce from time to time. Subscriptions may be purchased through the Apple App Store, Google Play, or directly through our website using the payment methods available at checkout, which may include credit and debit cards, PayPal, Apple Pay, and Google Pay. We may offer promotional or discounted pricing from time to time. Unless expressly stated otherwise, any promotional rate may apply to the current billing period, any future billing periods, and any renewal (rebilling) periods, and may be modified or withdrawn at our discretion. Your subscription does not entitle you to any features, functionality, or content not yet made available, and your purchase is not contingent on any future updates or releases. Trial Subscriptions Where a trial period is offered, this will be clearly communicated to you before you complete your purchase. The trial notice will state: (i) whether the trial is free or paid; (ii) the duration of the trial; (iii) the full subscription fee that will apply upon conversion; (iv) the exact date on which your payment method will first be charged; and (v) how to cancel before the trial ends. If no trial is stated at the point of purchase, your subscription begins and is charged immediately. We reserve the right to limit your eligibility for trial offers. If we determine that a trial is being accessed in a manner inconsistent with these Terms, we may cancel the trial and charge the applicable subscription fee immediately. Automatic Conversion to Paid Subscription: UNLESS YOU CANCEL YOUR TRIAL AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF THE TRIAL PERIOD, YOUR SELECTED PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED THE APPLICABLE SUBSCRIPTION FEE DISPLAYED AT THE TIME OF PURCHASE. THE PAID SUBSCRIPTION WILL BEGIN IMMEDIATELY UPON THE TRIAL’S EXPIRATION AND WILL CONTINUE ON A RECURRING BASIS UNLESS CANCELLED IN ACCORDANCE WITH THESE TERMS. Subscription Terms and Renewals How renewal works. Your subscription renews automatically at the end of each billing cycle (weekly, monthly, annually, or as selected at purchase) unless you cancel before the renewal date in accordance with Section 6. By subscribing, you authorise us, or our merchant of record partner, where applicable, to charge your payment method for each renewal period at the then-current subscription fee without further action from you. Renewal charge timing. The renewal charge will be processed within 24 hours before the end of the current billing period. A cancellation submitted less than 24 hours before a scheduled renewal may not take effect until after that renewal has been processed, in which case you will retain access through the end of the period for which you have been charged. This 24-hour limitation does not apply where you are exercising a statutory cancellation right that entitles you to cancel with immediate effect or to a refund. Renewal reminders. Where required by applicable law, we will send you a reminder before your subscription renews. If you do not receive the required notice, please contact us at support@spilio.one before the renewal date. Pricing and Fee Changes. We may change our subscription fees at any time. We will use reasonable efforts to notify you of any fee change before it takes effect. The updated fee will apply from the start of the next billing period following the change. If you do not accept the new fee, you must cancel your subscription before the start of that billing period to avoid being charged at the new rate. Promotional discounts apply to the initial payment only and do not affect subsequent renewal fees unless expressly stated. Payment and Billing Authorisation. By subscribing or completing a purchase, you authorise us, or our merchant of record partner, where applicable, to charge your selected payment method at checkout or, where a trial applies, at the end of the trial period, and to charge it again automatically at the start of each renewal period in accordance with Section 6. You represent and warrant that you are authorised to use the payment method you provide and agree to keep your billing information accurate and up to date. Platform billing. If you purchase or activate a subscription through the Apple App Store or Google Play, all billing is handled directly by Apple or Google respectively. Charges will appear on your App Store or Google Play account statement. We do not have access to your payment details in these cases, and all billing questions relating to platform purchases must be directed to Apple or Google. Website billing. If you purchase a subscription directly through our website, payment will be processed through our authorised payment processor or merchant of record partner using the method selected at checkout. Failed payments. If your payment method is declined, expires, or is otherwise unavailable, we may suspend or terminate your access to the subscription or purchased content until valid billing details are provided. We may make reasonable attempts to retry the charge before suspending access. Validation charge. A small temporary charge may be applied to verify the validity of your payment method at the time of first use. This amount will be refunded promptly and will not be retained. Payment Disputes. If you believe a billing charge is incorrect, you must notify us in writing at support@spilio.one within fourteen (14) calendar days from the transaction date. Failure to do so may result in forfeiture of your right to dispute the charge. Submitting a chargeback or payment dispute without first contacting us to resolve the issue may result in suspension or termination of your Account. Money-Back Guarantee. We may offer a 30-day money-back guarantee for certain subscription plans (the “Money-Back Guarantee”). Eligibility for a refund under this offer is subject to the conditions set out below. Eligibility Requirements. To qualify for a refund, you must:
  • purchase an eligible subscription plan where the Money-Back Guarantee is explicitly offered;
  • complete at least one (1) full course available on the platform, including all lessons within that course; and
  • successfully complete the final quiz associated with that course with a score of at least fifty percent (50%).
Failure to meet any of the above requirements will result in ineligibility for a refund. Submission of Refund Request. To request a refund under the Money-Back Guarantee, you must:
  • submit your request within thirty (30) calendar days from the date of purchase;
  • provide the email address used for the subscription purchase; and
  • provide reasonable proof of completion, including screenshots demonstrating:
  1. completion of at least one course at 100%; and
  2. completion of the corresponding quiz with a score of 50% or higher.
Refund requests that are incomplete, submitted outside the required timeframe, or lacking sufficient proof may be denied. Limitations. Unless otherwise required by applicable law:
  • the Money-Back Guarantee applies only to the initial subscription payment;
  • only one refund may be granted per user;
  • repurchasing a subscription after receiving a refund will not entitle you to additional refunds; and
  • refunds will be issued only to the original payment method used at the time of purchase.
If your subscription was purchased through the Apple App Store or Google Play, refunds are subject to the respective platform’s refund policies, and we may not be able to process refunds directly. We reserve the right to refuse or revoke a refund in cases of suspected fraud, abuse, or violation of these Terms. We may modify or withdraw the Money-Back Guarantee at any time, provided that such changes do not affect users who have already met the applicable conditions. Refunds and Cancellation Policy Depending on your country of residence, you may have a statutory right to cancel your subscription within a specified period and receive a full or partial refund. These rights exist independently of and in addition to any contractual terms we set out, and nothing in these Terms limits or excludes them. If you are resident in an EU member state or United Kingdom, you have a 14-day withdrawal right from the date your contract is concluded. This right is lost only if all three of the following conditions are met: performance of the service has begun during the withdrawal period; you gave your prior express consent to early performance; and you acknowledged at the time of purchase that you would lose your withdrawal right upon performance beginning. Where all three conditions are satisfied, we may apply a pro-rata deduction for the portion of the service already used before you exercised the right. If you are resident in Brazil or Quebec, Canada, you have a 7-day cancellation right from the date of contracting. You are entitled to a full refund. If you are resident in Argentina, you have a 10-day withdrawal right from the date of contracting. You are entitled to a full refund. If you are resident in Mexico, you may cancel your subscription at any time by using the immediate cancellation mechanism described in this Section. You are entitled to a full refund. If you are resident in California or Connecticut, you may cancel your subscription 3-day three business days of the date of purchase and receive a full refund, provided there has been no material breach of these Terms on your part. Argentina — ARREPENTIMIENTO right. If you are resident in Argentina, you may exercise your 10-day withdrawal right at any time within 10 days of contracting by using the clearly labelled withdrawal mechanism available on our homepage, by submitting a request via support@spilio.one, or by accessing the Ventanilla Única Federal de Defensa del Consumidor at this link. To exercise any of the statutory rights described above, please contact us at support@spilio.one or use the cancellation method applicable to your purchase as further described in this Section 6. We will process your request without undue delay and, where a refund is due, return the amount to your original payment method within the period required by the law of your jurisdiction. App Store or Google Play Purchases: If you purchased your subscription through the Apple App Store or Google Play, all refund requests must be directed to Apple or Google respectively. Each platform manages all billing and refund decisions for purchases made through it independently of us, and we are not in a position to process or influence refunds for platform purchases. Please refer to Apple's or Google's own refund and support pages for the applicable process. Website purchases. Outside of the statutory rights set out in Section 6, refunds for subscriptions purchased directly through our website are limited. A refund will be considered only where there is a confirmed technical fault: that is, where a verifiable fault on our part prevents the Service from functioning as described, and where that fault cannot be remedied within a reasonable period. To be assessed, you must provide us with sufficient technical detail to allow us to identify and reproduce the issue. We will only approve a refund once we have confirmed that the fault materially affects your ability to use the Service. Issues that are speculative, unverified, or that relate to features working as intended do not qualify. Your statutory rights are not affected by anything in this section. We do not offer refunds where you have changed your mind, where the subscription has not been used, or on the basis of dissatisfaction alone. Refund Processing. Where a refund is approved, it will be credited to the payment method you used for the original transaction. Please allow up to 14 calendar days for the credit to appear in your account, as processing times vary depending on your bank or payment provider. Only one refund will be issued per transaction. If you have already received a refund from us in respect of a charge, you must not simultaneously or subsequently seek a chargeback or payment reversal from your bank or payment provider for the same amount. If a duplicate recovery is obtained, we are entitled to recover the excess. IMPORTANT: UNINSTALLING THE APP OR DELETING YOUR ACCOUNT DOES NOT CANCEL YOUR SUBSCRIPTION. RECURRING CHARGES WILL CONTINUE UNTIL YOU ACTIVELY CANCEL AUTORENEWAL USING ONE OF THE METHODS BELOW. YOU MUST CANCEL BEFORE THE START OF YOUR NEXT BILLING PERIOD TO AVOID BEING CHARGED FOR THAT PERIOD. To avoid being charged for the next billing cycle, you must cancel your subscription before the current billing period ends. Where you are exercising a statutory right, the cancellation rules specific to your jurisdiction apply, and you may be entitled to cancel with immediate effect or with a refund regardless of where you are in the billing cycle. Website subscriptions. You may cancel a subscription purchased through our website by either of the following methods:
  • In-account cancellation: Log in to your account → open the Web Profile → navigate to the Subscriptions tab → select “Turn off auto-renewal”
  • By request: Submit a cancellation request via our contact form at support@spilio.one. We will confirm receipt and process your cancellation promptly.
Both methods are available 24 hours a day, 7 days a week. For App Store Purchases: If you subscribed or started a trial through the App Store, manage your subscription settings within your Apple Account. Ensure cancellation is completed at least 24 hours before the trial or current subscription term ends. For more information, visit Apple’s support page on managing subscriptions. For Google Play Purchases: If you subscribed or started a trial through Google Play, manage your subscription settings within your Google Account. Cancellation must be done at least 24 hours before the trial or current subscription term ends. Learn more about managing subscriptions on Google’s support page. EU and UK — withdrawal button. If you are resident in an EU member state or the United Kingdom, a withdrawal mechanism is accessible throughout the statutory withdrawal period and is labelled clearly as a cancellation or withdrawal option. You may use it at any time during the 14-day period referred to in Section 6 without needing to provide a reason. To exercise your right of withdrawal, where applicable, you must send an unequivocal statement of your intention to withdraw from the contract (i.e., these Terms). This can be done by:
  • submitting your notice via our online contact form at support@spilio.one;
  • sending a written notice by post to one of the following addresses:
Extramile Limited, Prodromou, 75, Oneworld Parkview House, Floor 4, 2063, Nicosia, Cyprus Fulfilling Inc., 1007 N Orange St., 4th Floor, Ste 1382, Wilmington, New Castle, DE 19801, USA Your withdrawal notice must be sent no later than 24 hours before the expiration of the withdrawal period. Unless otherwise waived, the withdrawal period expires 14 days from the day you entered into the contract. While not mandatory, you may use the following template to exercise your right of withdrawal: I/we* hereby withdraw from the contract concluded by me/us* for the purchase of the following goods*/the provision of the following service*: Ordered on*/received on*: Name of the consumer(s): Address of the consumer(s): Date: *Delete as applicable.
YOUR USE OF THE SERVICE
User Acknowledgment and Responsibilities. By using the Service, you acknowledge and agree that certain features of the App require access to specific permissions on your device, such as storage, location, or other system settings. You understand and accept that without granting these necessary permissions, the App may not function as intended, and certain features may be unavailable or limited. You agree to provide the required access at your own risk and understand that any misuse or unauthorized access to your device through the App is solely your responsibility. Your Representations and Warranties. By accessing or using the Service, you represent, warrant and agree that:
  • You have the legal capacity to enter into these Terms and agree to comply with them fully.
  • You are at least 18 years of age or the age of majority in your jurisdiction, if higher.
  • All information you provide to us in connection with your use of the Service is true, accurate, and complete.
  • ou will not use the Service for any illegal or unauthorized purposes and will ensure your use complies with all applicable laws and regulations regarding privacy, security, and location tracking in your jurisdiction.
  • ou will not misuse the Service or any Content made available through it, including engaging in unauthorized tracking, surveillance, or data collection that infringes upon the rights of others.
  • You are not listed on any U.S. Government list of prohibited or restricted parties, including but not limited to the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce Denied Persons List or Entity List.
  • You are not an individual or associated with any entity designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010) or any equivalent legislation.
  • You agree to comply with all applicable export and re-export control laws and regulations, including those of the United States, the United Kingdom, and any other relevant jurisdictions. This includes restrictions on the transfer of goods, software (including the Service), technology, and services.
  • The availability and functionality of the App depend on the third-party platform from which you downloaded it (e.g., the Apple App Store or Google Play Store, collectively, "App Stores"). You agree to pay any applicable fees required by the App Store and to comply with its terms, conditions, and policies. The App Stores and their subsidiaries are third-party beneficiaries of these Terms and may enforce them to the extent necessary to protect their rights.
Your Permitted Use of the Service. We allow you to use the Service exclusively for your personal, non-commercial purposes, as intended and defined by us. Any use of the Service for commercial, resale, automated data collection, unauthorized tracking, or any other purpose not expressly authorized by us is strictly prohibited. Your Prohibited Use of Service. You agree not to use the Service, directly or indirectly, for any unlawful or unauthorized purposes, or in a manner that violates these Terms, including but not limited to:
  • developing, operating, or assisting in the development or operation of a product, service, or software that competes with or serves as a substitute for the Service;
  • engaging in activities that could damage, disable, overburden, or impair the functionality of the Service or its underlying systems, or interfere with another user’s access to or enjoyment of the Service;
  • conducting any fraudulent, deceptive, or harmful activities, including uploading or distributing viruses, worms, trojan horses, or other malicious code designed to disrupt or harm the Service, users, or third parties;
  • copying, adapting, altering, modifying, translating, or creating derivative works based on the Service or any part thereof, without prior written permission from us;
  • aging in unauthorized framing of or linking to the Service, or embedding it within another service without our permission;
  • reverse engineering, decompiling, disassembling, or otherwise attempting to extract source code or underlying ideas from the Service, except as explicitly permitted by applicable law;
  • attempting to bypass, disable, or interfere with security features or technological protections of the Service;
  • removing, obscuring, or altering any copyright, trademark, or other proprietary notices contained within the Service;
  • using the Service for any revenue-generating, commercial, or promotional purpose without our express written approval;
  • sharing, sublicensing, assigning, selling, renting, leasing, or otherwise transferring your access to the Service or its Content to others without authorization;
  • conducting, facilitating, authorizing, or permitting any text or data mining or web scraping activities in connection with our Service. This prohibition includes, but is not limited to, the use of any automated tools, including “robots”, “bots”, “spiders”, “scrapers”, or similar programs, algorithms, or processes to: (i) access, obtain, copy, monitor, or republish any portion of the website, its content, data, or Service; or (ii) analyze text or data in digital form to derive patterns, trends, correlations, or other insights. This clause constitutes an express reservation of our rights concerning text and data mining or web scraping. Where applicable law prevents us from restricting or excluding such activities by contract, this clause shall only apply to the extent permitted by law.
Right to Refuse or Terminate Access. We reserve the right, at our sole discretion, to refuse, restrict, suspend, or terminate your access to the Service, in whole or in part, at any time and without prior notice, if we determine that: (a) any information you have provided is false, inaccurate, outdated, or incomplete; (b) you have violated or are reasonably suspected of violating these Terms, applicable laws, or the rights of any third party; (c) your conduct may harm us, our affiliates, users, or partners; or (d) your use of the Service poses a security, operational, reputational, or legal risk. We further reserve the right to refuse the creation of new accounts or to block access from specific devices, IP addresses, or user credentials to protect the integrity and security of the Service. You agree that we shall not be liable to you or to any third party for any suspension, restriction, or termination of your access to the Service. Termination or suspension shall not limit or affect any other remedies available to us under applicable law or equity.
LIMITED LICENSE TO THE SERVICE
Ownership of Service and Content. The Service together with all audiovisual works, text, images, graphics, video, music, data, logos, trademarks, trade names, service marks, layouts, designs, advertising materials, software, source and object code, databases, user interfaces, compilations, and the overall “look and feel” of the Service, whether produced by the us, licenced from third parties, or otherwise made available through the Service (collectively, the “Content”), are and shall remain the exclusive property of Company or its licensors. Except for the limited licence expressly granted under these Terms, no right, title, or interest in or to the Service or the Content is transferred or otherwise granted to you, whether by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved by us and our licensors. Licence to Use the Service. Subject to your full compliance with these Terms and all applicable laws, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Service and its Content strictly for your personal, non-commercial entertainment purposes. This licence permits you to access, stream, or temporarily download Content made available through your Account in accordance with the access rules of the Service. The licence does not grant ownership of any Content does not permit resale, redistribution, public performance, or any commercial exploitation of the Service or Content. Trademarks and Brand Features. The name “Extramile Limited”, the Extramile Limited logo, and all related names, designs, slogans, and product or service identifiers are trademarks and service marks owned by us. You may not use any Extramile Limited mark in any manner that could cause confusion, dilute the brand, or suggest endorsement without our prior written consent. All third-party trademarks, logos, and brand names appearing on the Service are the property of their respective owners. No rights are granted to you in those marks.
USER CONTENT
Ownership of User Content. You retain all rights, title, and interest in and to any content, materials, or communications you create, upload, post, transmit, or otherwise make available through the Service (“User Content”). User Content includes, without limitation, text, comments, messages, feedback, reviews, images, audio or video materials, and any other materials you contribute. By submitting User Content, you represent and warrant that you are the creator and sole owner of such content, or that you have obtained all necessary licences, rights, consents, and permissions to grant the rights described in these Terms without violating or infringing any third party’s intellectual property, privacy, or moral rights. We do not claim ownership of your User Content. However, by submitting or making User Content available through the Service, you acknowledge that other users may view, interact with, or share your User Content subject to the functionality of the Service and your privacy settings. Licence Grant. By submitting or making available any User Content, you grant us, its affiliates, sublicencees, successors, and assigns a non-exclusive, worldwide, royalty-free, sublicensable, transferable, perpetual, and irrevocable licence to use, reproduce, modify, adapt, translate, publish, distribute, publicly display, perform, and create derivative works from your User Content in any form, media, or technology, whether now known or hereafter developed. This licence includes the right to use your name, username, likeness, and any other identifying information associated with your User Content in connection with its lawful use and operation of the Service, including for promotional, marketing, and improvement purposes. Personal data, as defined under applicable privacy laws, is expressly excluded from the scope of this licence, if applicable, and will be handled in accordance with our Privacy Policy. Acknowledgement and Relationship. You acknowledge that submitting User Content does not create any confidential, fiduciary, employment, agency, or partnership relationship between you and us. We are under no obligation to treat any User Content as confidential or to compensate you for its use, unless expressly required by applicable law. By submitting User Content, you waive any claims of moral rights or rights of attribution, to the extent permissible by law, and consent to our lawful use of the content as described herein. Content Moderation and Removal. We do not actively monitor all User Content and assumes no responsibility for its accuracy, legality, quality, or integrity. You acknowledge that you may encounter User Content that is offensive, indecent, or otherwise objectionable. Your use of the Service is at your own risk, and you bear all responsibility for evaluating any User Content you access. We reserve the right, at its sole discretion and without notice, to review, remove, edit, restrict access to, or disable any User Content for any reason or no reason, including where it violates these Terms, infringes rights, or is otherwise deemed inappropriate, harmful, or unlawful. We are not obligated to restore or retain any removed User Content, and assumes no liability for any loss or damage resulting from its removal. If you believe that any User Content violates these Terms or applicable law, you may report it by contacting support@spilio.one. Licence Revocation. If you wish to revoke the licence for specific User Content, you may contact us at support@spilio.one and identify the material in question. Upon verification, we will take reasonable steps to remove and cease use of the specified content, subject to technical feasibility, legal requirements, and the continued operation of the Service. However, any prior uses, sublicences, or distributions of your User Content made before revocation will not be affected, and we may retain copies as reasonably necessary for operational, legal, or archival purposes as permitted under these Terms and applicable law. Feedback. If you post or submit any review, comment, testimonial, or rating (“Review”) about the Service on any platform, including app stores, social media, or directly to us, you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from such Reviews for any lawful purpose, including marketing, advertising, product improvement, or public relations, without notice or compensation. We are not obligated to use, maintain, or display any Review and may edit or remove Reviews at its discretion.
WARRANTY DISCLAIMER
General Disclaimer. The Service, including the App and all related Content, features, and functionality, is provided on an "as is" and "as available" basis, without any representations, warranties, or guarantees of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:
  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
  • Warranties arising from course of performance, trade, or usage; and
  • Warranties regarding the accuracy, reliability, or availability of the Service.
We and our directors, employees, agents, representatives, and suppliers, do not guarantee that:
  • The Service will be secure, uninterrupted, error-free, or available at any specific time or location;
  • Any defects or errors will be corrected;
  • The Service or its content will be free of viruses, malware, or other harmful components;
  • The results obtained from using the Service will meet your expectations; or
  • Content or communications provided by third parties or users through the Service will be accurate, reliable, or complete.
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. Additional Disclaimers. We reserve the right, at our sole discretion, to modify, update, suspend, or discontinue the Service or any part thereof at any time without prior notice. We are not liable for any disruptions or losses resulting from such actions. Furthermore, we are under no obligation to screen or monitor any Content, and do not guarantee that any Content available on the Service will be suitable for all users or remain available for any specific duration. Certain features or Content may not be available in your region and may vary by jurisdiction. Our Service is designed solely for informational and personal tracking purposes. It does not replace professional data management, IT support, security monitoring, or technical services. You are solely responsible for any reliance on Content accessed through the Service. We disclaim all liability for disputes, damages, or losses arising from such interactions. Consumer Rights. For consumers in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, the Service will conform to the agreed description, functionality, and performance at the time of purchase or download, including compatibility with your device. We will provide necessary updates, including security updates, as required by EU laws, and you are responsible for installing these updates promptly. Failure to install updates may impair the Service’s performance, and we are not liable for resulting issues. If the Service does not conform to these Terms, you have the right to request defect correction within a reasonable time or, if the issue persists, to receive a price reduction or refund. You agree to cooperate by providing necessary information about your digital environment to resolve issues. Liability for defects is valid for the legally required duration under EU consumer protection laws. Limitations by Jurisdiction. Some jurisdictions do not allow the exclusion or limitation of implied warranties or certain damages. In such cases, the disclaimers and limitations in these Terms will apply to the fullest extent permitted by law.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, AND DATA PROVIDERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, USE, DATA, OR GOODWILL. SUCH EXCLUSIONS APPLY REGARDLESS OF WHETHER THE LIABILITY ARISES FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF US TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU HAVE ACTUALLY PAID TO US FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE LIMITATIONS ARE SUBJECT TO JURISDICTIONAL VARIATIONS, AND SOME JURISDICTIONS MAY NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY. IN SUCH CASES, THE EXCLUSIONS AND LIMITATIONS SET OUT IN THESE TERMS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
CALIFORNIA RELEASE AND WAIVER
IF YOU ARE A RESIDENT OF CALIFORNIA, YOU EXPRESSLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS A MATERIAL PART OF THE CONSIDERATION FOR YOUR USE OF THE SERVICE. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE CURRENTLY UNKNOWN, UNANTICIPATED, OR UNSUSPECTED, AND YOU VOLUNTARILY ASSUME THE RISK THAT SUCH CLAIMS MAY EXIST OR MAY ARISE IN THE FUTURE.
INDEMNITY
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless us, including our subsidiaries, affiliates, successors, officers, directors, employees, agents, contractors, partners, licensors, and representatives (collectively, the “Indemnified Parties”), from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
  • Your use or misuse of the Service or User-Generated Content;
  • Your violation of these Terms or any applicable policies;
  • Your violation of the rights of any third party, including intellectual property rights, privacy rights, or other proprietary rights;
  • Any other party’s access and use of the Service with your unique username, password or other appropriate security code.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification under these Terms. You agree to cooperate fully with our defense of such claims. You may not settle any claim without our prior written consent, and we will make reasonable efforts to notify you of any claim, action, or proceeding as soon as we become aware of it.
THIRD-PARTY SERVICES
The Service may display, integrate, or provide access to third-party websites, applications, advertisements, content, software, or other materials (“Third-Party Services”). This includes external links, embedded video or promotional content, sponsored materials, social-media integrations, and user-generated materials supplied by third parties. While such features may appear within or in connection with the Service, we do not own, control, endorse, or assume responsibility for any Third-Party Services, their content, policies, or practices. Your access to or use of any Third-Party Services is entirely voluntary and undertaken at your own risk. You acknowledge that we do not guarantee, verify, or represent the accuracy, reliability, legality, or quality of any third-party content or materials, which may at times be outdated, offensive, misleading, or otherwise objectionable. Any interactions, transactions, or agreements you enter into with third parties, including purchases, payments, subscriptions, or exchanges of information, are solely between you and the applicable third party. We have no control over and assumes no liability for any goods, services, data-processing practices, or representations made by third parties. The Service may also include links, banners, or frames leading to external sites, as well as advertisements or sponsored content presented in various formats. Clicking on third-party links or engaging with promotional materials does not constitute or imply any endorsement, partnership, or affiliation between us and the third party. The scope, placement, and appearance of advertisements or sponsored content may change without prior notice. It is your responsibility to review and comply with the terms of service, privacy policies, and data-collection practices of any Third-Party Service before using or relying on it. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY LOSS, DAMAGE, DATA COMPROMISE, OR HARM ARISING FROM OR RELATED TO YOUR ACCESS TO OR RELIANCE ON THIRD-PARTY SERVICES, INCLUDING ANY MALFUNCTION, MALWARE, OR DECEPTIVE CONDUCT ASSOCIATED WITH EXTERNAL CONTENT. WE DO NOT MONITOR OR VET THIRD-PARTY MATERIALS AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THEIR SUITABILITY OR SECURITY. If you encounter third-party content that is harmful, unlawful, or offensive, you may report it to us at support@spilio.one. We may, at our sole discretion and where legally required, review or remove access to reported third-party materials but is under no obligation to do so
YOUR PRIVACY
Your personal data is processed by us in connection with your use of the Service in compliance with our Privacy Policy. This policy provides detailed information on how we collect, handle, store, and disclose your data and your rights under data protection laws. Information collected through cookies and similar technologies is addressed in our Cookie Policy, which explains their purpose, how third parties may use them, and how you can manage your cookie preferences. The Privacy and Cookie Policies are incorporated by reference into these Terms. Should any inconsistencies arise between these Terms and the Privacy or Cookie Policy, the provisions of these Terms shall govern.
COMMUNICATION AND CUSTOMER SUPPORT
Support. If you have any questions, or concerns, or require assistance regarding our Service, you may reach out to us using the contact information provided in the “INTRODUCTION” section of these Terms. While we are not legally obligated to provide customer support, we may, at our sole discretion, choose to offer support services to users when necessary. Such support, if provided, is offered as a courtesy and does not create any ongoing obligation or entitlement to future support. We will make reasonable efforts to respond promptly to your inquiries; however, we do not guarantee a specific response time. Feedback. We welcome your feedback. You will be prompted to submit comments, suggestions, ideas, feedback, ratings, materials, or other information ("Feedback") to us through the App. You hereby agree that all Feedback that you disclose or submit to us through the App is voluntary, non-confidential, and becomes and remains our property. Your disclosure or submission of Feedback to us constitutes an assignment to us of all rights, title, and interest in and to the Feedback. We may disclose or use any Feedback as we see fit without any compensation to you.
REPORTING COPYRIGHT INFRINGEMENT
We are committed to responding to any alleged copyright violations, should they occur. If you believe that your content has been copied in a way that constitutes copyright infringement, you or your agent may submit a Digital Millennium Copyright Act («DMCA») notification to us. If we find that there has been an alleged or actual infringement, we will take appropriate action under the DMCA and other intellectual property laws. Alternatively, you can send the notice to us via support@spilio.one or contact us by post. Such notice must be in writing and contain the following information:
  • your address, telephone number, and e-mail address;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed (including infringing and source URL);
  • information sufficient to permit us to locate the alleged infringing work. If possible, please provide links to the exact location so that we may quickly and more easily locate the material or link;
  • include the following statement: «I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law»;
  • include the following statement: «I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed»;
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
TERMINATION
Term. These Terms take effect from the date you first access or use our Service and will remain in force until terminated in accordance with this Section. Termination by Us. We may terminate these Terms, suspend or restrict your access to the Service, or delete your Account immediately upon providing notice if:
  • You have used the Services in violation of these Terms;
  • Unauthorized access or activity is detected on your Account or related to your use of the Service;
  • e decide, at our sole discretion, to withdraw the Service (in whole or in part);
  • You request the deletion of your Account or personal data; or
  • For any other lawful reason, provided we have given you reasonable advance notice via email, or any electronic communication within the Service.
We reserve the right to block your access to the Service to prevent re-registration or unauthorized access if your account has been suspended, terminated, or deleted Termination by You. You may terminate these Terms at any time by deleting your Account using the functionality provided within the App or, where such functionality is not available, by contacting us via support@spilio.one. If you have an active subscription, please refer to Section 6 of these Terms for detailed instructions on how to cancel your subscription properly to avoid future billing, as requesting Account deletion alone will not cancel your subscription unless you specifically request cancellation of your subscription at the same time. If you have an active subscription at the time of Account deletion and have not cancelled it, you will retain access to Content and User-Generated Content associated with your subscription until the end of the current paid subscription period, unless you expressly instruct us otherwise. Deactivation and Account Inactivity. If your Account remains inactive for one year or more, we may, at our discretion, deactivate or permanently delete your Account and any associated data, User-Generated Content. You acknowledge that upon deactivation or deletion, your content and data may not be retrievable, and the Company is not responsible for any resulting loss. Consequences of Termination. Upon termination of your Account, your access to the Service or these Terms for any reason:
  • all licences and rights granted to you under these Terms will immediately cease;
  • access to all Content will terminate, and such items will be forfeited without refund or compensation, except as required by applicable law;
  • any User-Generated Content you have submitted may be removed or become inaccessible, and we have no obligation to retain or restore it; and
  • all accrued rights and obligations of the parties up to the termination date will remain enforceable.
Breach and Enforcement Actions. Failure to comply with these Terms constitutes a material breach and may result in actions including, but not limited to, immediate suspension or permanent withdrawal of your right to use the Service, removal of User Content, issuance of warnings, legal proceedings to recover damages or costs, further civil or criminal action, and disclosure of relevant information to law enforcement authorities. We exclude all liability for actions we may take in response to breaches of these Terms. Survival of Terms. Provisions of these Terms that by their nature are intended to survive termination will continue in effect, including but not limited to those relating to intellectual property ownership, User-Generated Content licenses, indemnification, limitation of liability, disclaimers, governing law, and arbitration.
DISPUTE RESOLUTION BY BINDING ARBITRATION
THIS SECTION OUTLINES YOUR RIGHTS AND OBLIGATIONS REGARDING DISPUTE RESOLUTION. PLEASE READ IT CAREFULLY, AS IT INCLUDES MANDATORY BINDING ARBITRATION. THIS SECTION SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT” For Users in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland. If you reside in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, any Disputes arising out of or relating to these Terms, including their interpretation, enforcement, or validity, shall be governed by and construed in accordance with the laws of your country of residence. The courts of your usual place of residence shall have exclusive jurisdiction over any Disputes (as defined herein) that are not resolved through the Arbitration Agreement outlined in these Terms.
CALIFORNIA CONSUMER ARBITRATION NOTICE.
For Residents of the State of California Only: Notwithstanding any provision to the contrary in this Arbitration Agreement or the Terms, if you are a consumer residing in California, the following terms shall apply with respect to any Disputes arising out of or relating to your access to or use of the Service, or to these Terms: Venue: All disputes between you and us will be resolved exclusively through binding arbitration conducted in the State of California and administered by the American Arbitration Association (AAA) in accordance with its applicable rules. The arbitration shall be held at the AAA offices in San Francisco, California, or at another location in California mutually agreed upon by the parties, or as determined by the AAA to be reasonably convenient for you. Where permitted, the arbitration may also be conducted remotely by video, telephone, or other means in accordance with the AAA Rules and applicable law. Governing Law: All arbitration proceedings shall be governed by the substantive laws of the State of California, regardless of any conflicting choice of law provision elsewhere in these Terms. Right to Void Certain Provisions: Pursuant to California Civil Code Section 1670.11 (SB 940), any clause that requires arbitration to be held outside California or applies another state’s law to disputes arising within California is voidable at the consumer’s request. If such a provision is voided, the dispute must be adjudicated in California and governed by California law.Applicability of Arbitration Agreement (California Residents). Applicability of Arbitration Agreement (California Residents). Except as expressly modified by this California Consumer Arbitration Notice, all other provisions of the Arbitration Agreement contained in these Terms shall continue to apply in full force and effect. In the event of any conflict between the Arbitration Agreement and applicable California law, the provisions required by California law shall prevail solely for California residents. All remaining provisions of the Arbitration Agreement shall be interpreted and enforced consistent with California law to the maximum extent permissible. For Users in the United States or Other Jurisdictions. If you reside in the United States or any other jurisdiction not specifically covered above, any Disputes arising out of or relating to these Terms shall be resolved exclusively through the Arbitration Agreement set forth herein, subject to applicable law. The governing law and venue for arbitration shall be as specified in the Arbitration Agreement, except for California residents, for whom the arbitration will be conducted in accordance with California law and in a venue within California, as outlined in the “California Consumer Arbitration Notice” section of these Terms. All other provisions of the Arbitration Agreement remain fully applicable to California residents to the extent permitted by law. Notwithstanding the above, the following exceptions apply: Small Claims Court: Either party retains the right to bring an individual claim in small claims court for disputes or claims within the jurisdictional limits of such a court. Injunctive or Equitable Relief: Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect or enforce intellectual property rights, including copyrights, trademarks, trade secrets, patents, or similar proprietary rights. AGREEMENT TO WAIVE JURY TRIAL AND CLASS ACTION BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE, AND WE AGREE, TO WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS A FUNDAMENTAL COMPONENT OF THIS ARBITRATION AGREEMENT. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. YOU ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION AGREEMENT LIMITS YOUR RIGHT TO APPEAL AND OTHER RESOLUTION PROCESSES. Arbitration Procedure and Applicable Rules You further agree that all disputes between you and us will be resolved exclusively through binding arbitration before a single, neutral arbitrator, administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified herein. Place of Arbitration. The arbitration proceedings shall be held in Delaware, United States unless the parties agree to an alternative location. Governing Law. The arbitration shall be conducted in accordance with the laws of the State of Delaware, consistent with the Federal Arbitration Act, including any applicable statutes of limitations and recognized legal privileges. Language of Arbitration. The arbitration will be conducted in the English language. Commencing Arbitration. To initiate arbitration, you must adhere to the procedures outlined by the AAA Rules, which are accessible on this page. Filing Deadline. By accessing or using our Service, you agree that any Dispute (as defined herein) must be initiated by filing a demand for arbitration or commencing an individual legal action within one (1) year from the date the party asserting the Dispute first becomes aware, or reasonably should have become aware, of the act, omission, or event giving rise to the Dispute. Except where prohibited by applicable law, any Dispute not initiated within this one-year period will be permanently barred, and no remedy shall be available for such untimely Disputes. Selection of the Arbitrator. The arbitrator responsible for adjudicating the dispute will be selected in accordance with the procedures specified in the AAA Rules. Hearing Requirements. For claims of $10,000 or less, the arbitration will generally proceed on the basis of written submissions from the parties, unless a hearing is requested by you or deemed necessary by the arbitrator. For claims exceeding $10,000, the need for a hearing will be determined by the AAA Rules. The arbitrator shall have the discretion to oversee and regulate the exchange of information between the parties. No party or representative shall engage in ex-parte communications with the arbitrator. All communications must be made in the presence of, or with notice to, all parties involved in the arbitration. Judgment and Finality of Award. The arbitrator shall deliver the award within the timeline prescribed by the AAA Rules. The award may be enforced in any court with appropriate jurisdiction. The arbitration award shall be final and binding, and there shall be no appeal. Any damages awarded by the arbitrator must conform to the limitations specified in the applicable “Limitation of Liability” section, including restrictions on the types and amounts of damages recoverable. Remedies. The arbitrator shall have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Individual Relief Only. The arbitrator may award relief solely in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. The arbitrator shall have no authority to award relief to or against anyone who is not a party to the arbitration. Furthermore, the arbitrator may not consolidate multiple parties' claims or preside over any form of class, joint, or representative proceeding. Fees. Your obligation to cover any filing, administrative, or arbitrator fees shall be governed exclusively by the fee schedule outlined in the AAA Rules. Assessment of Fees. The prevailing party shall be entitled to an award of reasonable attorney fees. The allocation of forum fees and expenses shall be determined by the arbitrator. Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Opt-Out Option. You may opt out of this Arbitration Agreement within 30 days of accepting these Terms by submitting your notice via support@spilio.one, stating your intention to opt out. Opting out will not affect other provisions of these Terms. Severability. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, that portion shall be severed, and the remaining provisions shall remain in full force and effect. However, if the waiver of class actions and collective relief is found unenforceable, the arbitration shall proceed on an individual basis only to the fullest extent permitted by law. Survival. Except stated otherwise, this Arbitration Agreement shall survive termination of these Terms.
MISCELLANEOUS
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, U.S. without regard to its conflict of laws principles, and excluding the 1980 UN Convention on Contracts for the International Sale of Goods. Entire Agreement. These Terms constitute the entire agreement between you and us regarding your access to and use of the Service and supersede all prior agreements, understandings, or representations, whether written or oral. No Waiver. Failure or delay by us to exercise any right or enforce any provision under these Terms shall not operate as a waiver of such right or provision. A waiver will only be effective if explicitly stated in writing and signed by an authorized representative. Severability. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified or severed to the minimum extent necessary to comply with the law, without affecting the enforceability of the remaining provisions. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time and without prior notice, including via novation. Posting an updated version of these Terms identifying the new party shall serve as valid notice of such transfer. These Terms are binding and will inure to the benefit of both parties and their respective successors, assigns, and legal representatives. Electronic Communications. By interacting with the Service or communicating with us electronically, you consent to receive communications electronically and agree that such communications, including notices, disclosures, and agreements, have the same legal effect as those provided in writing. You acknowledge that your electronic submissions constitute a legally binding agreement. Force Majeure. We shall not be held liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including but not limited to natural disasters, governmental actions, labor disputes, or disruptions in telecommunications. Third-Party Rights. Except as expressly stated herein, these Terms are intended solely for the benefit of the parties and do not create any rights for third-party beneficiaries. Headings and Construction. Headings in these Terms are provided for convenience only and shall not affect their interpretation.