Условия обслуживания

LAST UPDATED: October 1, 2024

USER AGREEMENT

1 Introduction

1.1 Thank you for using GearUp Portal Pte Ltd’s (“GearUp”, "we", "us", or "our") products and services. This User Agreement ("Agreement") reflects the way GearUp's business works, and defines our relationship with you as you interact with our products and services.

1.2 Dispute Resolution. We strive to resolve customer concerns promptly and to the customer’s satisfaction. You can reach out to our customer service support team at shop@gearupbooster.com

In the unlikely event that you are not satisfied with the resolution provided by our customer service team, Section 11 of this Agreement will govern how disputes, controversies, or claims between you and GearUp, including, without limitation, any disputes, controversies, or claims that arose or were asserted prior to the effective date of this Agreement, are to be resolved. If we are unable to resolve a dispute, controversy, or claim through Informal Dispute Resolution process, both you and GearUp agree to resolution through binding arbitration. SUCH ARBITRATION AGREEMENT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES, CONTROVERSIES, AND CLAIMS BETWEEN YOU AND GEARUP TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, DISPUTES, CONTROVERSIES, AND CLAIMS BETWEEN YOU AND GEARUP WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.

1.3 Our Services and Software. This Agreement apply to the services provided to you through our software applications, websites operated by us, and any related services (together referred to as our "Services") and your installation and use of any software that we include as part of the Services, including, without limitation, mobile, desktop, and console applications, files, scripts, instruction sets, and related documentation (collectively, the "Software"). Unless expressly stated, references to the Services in this Agreement include the Software.

1.4 Privacy Policy. Your access and use of the Services is subject to our Privacy Policy, incorporated herein by reference. We may store, process, and transmit your data on servers outside of the region where you are located.

1.5 BY USING THE SERVICES, YOU CONSENT TO ENTERING INTO THIS AGREEMENT ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THIS AGREEMENT IN ELECTRONIC FORM. IF YOU DO NOT UNDERSTAND OR AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE SERVICES.

2 Accounts

2.1  By signing up for an account on the Software (“Account”), you represent and warrant that: (a) you are of legal age or have the full right, power, and legal authority to enter into this Agreement; (b) you will not authorise other persons (save for your authorised Child as further described below) to use your account; and (c) you are not impersonating any other person, operating under an alias or otherwise concealing your identity. Subject to the laws of your residence country, minor children may utilize an account established by their parent or legal guardian. If you permit your minor child or legal ward (collectively, your "Child") to use an account, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the account by your Child whether or not such uses were authorized by you.

2.2 You agree that you will make necessary efforts to protect your Account information and keep it confidential. You agree that you may not transfer your account as well as any of your rights or obligations under this Agreement to anyone else or unless expressly stated otherwise share your Account information with others without our prior consent.

3 Services

3.1 License. Subject to your compliance with this Agreement and applicable law, we hereby grant you a personal, revocable, non-assignable, non-sublicensable, non-transferable, non-exclusive, and limited license to install, access, and use the Services and Software that we make available to you. The license is granted for the sole and exclusive purpose of enabling you to use the Services and Software for your internal and personal purposes. The right of use shall mean the right to represent and implement the Services in accordance with its intended purpose, in SaaS mode via a connection to an electronic communications network and/or the right to download a single copy of any mobile or computer applications or other software provided to you in connection with our Services.

3.2 Restrictions.

(a) You must ensure that any permitted copy of the Software that you access or download contains the same copyright and other proprietary notices that appear on or in the Software.

(b) Unless permitted in this Agreement, you must not: (1) host or stream the Services or Software;  (2) allow third parties not acting on your behalf to access the Services or Software; (3) circumvent technological measures intended to control access to the Software;  (4) develop, distribute, or use with the Software, products that circumvent the technological measures; (5) adapt, modify, translate, arrange, distribute, create derivative works, reverse engineer, disassemble, or decompile the Services or Software; (6) duplicate, copy, rent, lease, sell, sublicense, assign, or transfer any portion of the Services or Software or your rights in the Services or Software; (7) use our Services for commercial purposes (unless otherwise specified in the Services); (8) collect any information, other than reasonably necessary for using our Services, of other users; or (9) attempt to disable, impair, or destroy the Services and Software.

(c) As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails, or other types of messages directly sent to you in connection with the Services or Software.

3.3 Comply with Applicable Law. You must follow the law, regulation, decrees, orders, injunctions or other mandatory governmental limitations applicable to where you are located when using our Services. If any applicable law restricts or forbids you from using our Services, then you must follow such restrictions or stop using our Services. 

4 Virtual Points and Virtual Goods

4.1 "Virtual Points" means the virtual currencies available in the Services or Software.

4.2 When you purchase, earn, or obtain Virtual Points, you receive a personal, revocable, non-assignable, non-sublicensable, non-transferrable, non-exclusive, limited license to use the Virtual Points solely within the applicable Services or Software for your personal and non-commercial use. The license terminates when we cease to provide the Services, when your account is closed, or when your purchase order is canceled. Virtual Points have no real-world monetary value and cannot be sold, sublicensed, traded, transferred, or exchanged for money or other consideration.

4.3 You agree that you shall not (a) transfer Virtual Points (defined below) in any way once you purchase it, including but not limited to attempting to trade the Virtual Points with real money/real items via any third-party platforms, or attempting to provide mediation, intermediary, or agency service for such trade in or outside our Services (collectively, "Real Money Trading", or "RMT"), including, but not limited to spamming, spreading RMT advertisements within or outside our Services, and conducting RMT via any in-app functions; or (b) attempt to gain undue advantage or benefits, such as unauthorized use of another person's credit card to purchase Virtual Points or Virtual Goods, repeatedly canceling purchase orders after earning free Virtual Points or after consuming Virtual Points.

4.3 We may establish certain conditions or limits in connection with the Virtual Points, including a maximum amount you may spend to purchase Virtual Points per transaction or per day, a maximum balance that may be credited to your account. Any balance of Virtual Points shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license. In the event that the balance of Virtual Points in your account is negative, we may restrict your access to our Services or certain features of our Services until such balance becomes greater than or equal to $0.

5. Access

5.1 Devices. You are responsible for obtaining and maintaining necessary devices for using our Software, including but not limited to mobile phones and pads, and for device fees, including but not limited to Internet fees, data fees and electricity fees. You recognize that these fees are paid to third parties not relevant to this Agreement and shall not incur any liability of us under this Agreement.

5.2 Updates. Because we are constantly improving the Services and Software, we may update our Services from time to time, which may block your access to the Services for a period of time and result in the modification or unavailability of the content of the Services (e.g., we might modify certain features of the Software for regulatory or legal reasons or to improve user experience). We are not liable for any losses incurred by such updates. If the situation permits, we will make reasonable efforts to inform you of such updates in advance.

5.3 Beta Version. If the Services or Software is in a "test period" or a "beta version", your access to our Services may be subject to specific rules, such as limited time period or limited number of users, or privilege for some users but not others. During the test or beta period, we may modify or delete the data of users, and irregular shut down of the Services. You may also be required to provide feedback so we can better improve the Services or Software. Please review these rules carefully. We make no promises that such Services or Software will ever be commercially available or be similar to the beta version you accessed during the test period.

6 Disclaimer

6.1 The Services and Software are provided "AS-IS". To the maximum extent permitted by law, GearUp, its parents, officers, directors, employees, agents, representatives, partners and licensors disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. GearUp make no commitments about the availability, quality or consistency of the Services and Software.

6.2 GearUp further disclaim any warranty that (1) the Services and Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (2) the Services, Software, and the information related to the Services and Software will be complete, accurate, or reliable; (3) the quality of the Services and Software will meet your expectations; (4) any errors or defects in the Services and Software will be corrected; (5) the Services or Software can be accessed and used on any particular device or with any particular service plan; or (6) the Services or Software is or will be available in any particular geographic location.

6.3 We are not responsible or liable for (1) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or Software; or (2) the operation, compatibility, or interoperability with any other application or any particular system or device.

7 Limitation of Liability

7.1 GearUp are not liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or related to: (1) the use of or the inability to use our Services and Software, (2) the cost of procurement of substitute goods and services, (3) goods, services, data, or information purchased or received through the Services or Software, or (4) unauthorized access or alteration of your data.

7.2 GearUp's aggregate liability, whether arising out of, or related to contract, tort, strict liability, or otherwise, will not exceed the lesser of (1) total amount you paid for access to the Services and Software during the six-month period preceding the event giving rise to the liability or (2) One Hundred U.S. Dollars ($100).

7.3 These limitations and exclusions in this section apply to the maximum extent permitted by law.

7.4 To the extent permitted by the applicable law, your sole and exclusive remedy in connection with our breach, termination or cancellation of this Agreement or any term hereof, shall be an action for monetary damages. In no event shall you be entitled to enjoin, restrain or otherwise impair in any manner GearUp's distribution, exhibition, exploitation, advertising, publicity or promotion or any other means of exploitation of the Services and the Software or any subsidiary or ancillary rights in connection therewith. This section sets forth the entire liability of GearUp as well as your exclusive remedy with respect to access and use of the Services and Software.

8 Breach and Indemnification

8.1 In case we reasonably find that you have breached this Agreement or any applicable community guidelines or rules, or we reasonably detect suspicious activity on your account, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved Content; (ii) restoring your data to the status before your breach; (iii) restricting your access to the whole or the part of the Services, Software, or your account; (iv) terminating your right to use our Services or Software; (v) taking legal action against you or disclosing relevant information to law enforcement authorities; and (vi) any other actions set forth in any applicable community guidelines and rules.

8.2 You understand that you are personally responsible for your behavior while accessing/using our Services and agree to the maximum extent permitted by law, to defend (at our request), indemnify, and hold harmless GearUp from and against all claims, losses, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and costs), relating to or arising under or out of the relationship between you and us described in this Agreement, including but not limited to any breach of this Agreement and your violation of any rights of any third party. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

9 Intellectual Property

9.1 GearUp and the logos and names associated with the Services and Software are our trademarks and service marks. Other marks, names and logos used in the Services, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the trademarks, service marks or logos.

9.2 We retain all right, title, and ownership in the Services, Software, and all associated data and content (including without limitation any Virtual Points (collectively "Work"). The Work is protected by international intellectual property law.

9.3 Notice of Infringement – DMCA Policy

(a) If you believe that any text, graphics, photos, audio, videos, or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing:

(1) identification of the copyrighted work that is claimed to be infringed;

(2) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;

(3) information for our copyright agent to contact you, such as an address, telephone number, and e-mail address;

(4) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;

(5) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and

(6) the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

(b) Notices of copyright infringement claims should be sent by mail to disputes@gearupglobal.com It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

(c) A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.

10 Payment and Cancellation

10.1 Payment. The Services may permit you to purchase certain other products or services ("Offerings"). You acknowledge and agree that all information you provide with regards to a purchase of Offerings, including credit card or other payment information (if applicable), is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including any credit card you provide when completing a transaction. When you purchase Offerings, you (a) agree to pay the non-refundable and non-cancellable price for such Offerings as set forth in the applicable Services, and all other applicable fees and taxes in connection with your purchase ("Full Purchase Amount") and (b) authorize us or our payment processor to charge your credit card or other payment method for the Full Purchase Amount. Orders will not be processed until payment has been received in full, and any holds on your account by any payment processor are solely your responsibility.

10.2 Subscriptions and Membership. Your use of the Services or the Software may be subject to your subscription to and membership of the same. Your membership may start with a free trial. The free trial period of your membership lasts for three (3) days, or as otherwise specified during your account sign-up. Free trials may not be combined with any other offers. To use the Services you must have Internet access and an Internet eligible device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party such as the Apple App Store. We will begin billing your Payment Method for membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including membership price and end date of your free trial period, go to your phone/account settings - "Subscriptions", then tap "Cancel Subscription". The subscription or membership cancellation method may vary depending on the platform, version, and device you are using to access our Services. If you have any questions regarding the status of your subscriptions or membership, you may contact our customer services at any time. Your Payment Method will be authorized for up to approximately 12 months of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, if you cancel prior to the end of your free trial, there will be no charges to your Payment Method. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. Your subscriptions and membership will continue and may automatically renew until terminated. You may cancel your subscriptions and membership at any time; however, unless permitted by the applicable law, THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. You must cancel your subscriptions and membership before it renews in order to avoid billing of the subscriptions or membership fees for the next billing cycle to your Payment Method.

10.3 Refund Policy.

(a) UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY APPLICABLE LAW, ALL PURCHASES WITHIN OUR SERVICES ARE FINAL, NON-REFUNDABLE, AND NON-CANCELLABLE.

(b) The following provisions apply if you reside in the European Economic Area ("EEA"), Switzerland, or the United Kingdom:

(1) provided that (i) you have not started using Services, (ii) you have consented to waive the right to cancel the purchase, and (iii) your account balance for any Virtual Points is greater than or equal to $0, you can cancel the subscription purchased within 14 days from the date of purchase and receive a refund;

(2) Virtual Points will be delivered upon your purchase, subject to your consent, and are therefore final and non-refundable; and

(3) you can cancel your purchase of a subscription service and request a refund within 14 days from the initial transaction date, even after you start using the subscription. The refund may be reduced pro-rata to reflect the use you have had of the subscription. You are liable for all refund costs and fees charged by payment providers and gateways.

10.4 Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers ("Promotional Codes") that may be redeemed for discounts on future Offerings, or other features or benefits related to the Services, subject to any additional terms that we establish. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (d) may be disabled or have additional conditions applied to them by us at any time for any reason without liability to us; (e) may only be used pursuant to the specific terms that we establish for such Promotional Codes; (f) are not valid for cash or other credits or points; (g) may expire prior to your use; and (h) may be withdrawn, revoked or amended in our sole discretion.

11 Dispute Resolution

11.1 Governing Law.

(a) If you reside in the EEA, Switzerland, or the UK, then the laws of England and Wales will govern this Agreement and any dispute, controversy, or claim arising out of or related to this Agreement, any GearUp website, the Software or Services, or any aspect of your relationship with GearUp (collectively, “Claim”), including any Claim that arose before you accepted this Agreement, but nothing in these terms limits your statutory right to initiate a proceedings according to mandatory laws of your country of residence.

(b) If you reside in North America, then this Agreement and any Claim shall be governed by California law, exclusive of its choice of law rules. For any Claim deemed not subject to binding individual arbitration, you and GearUp agree to submit to the exclusive jurisdiction of Santa Clara County, California, or, if federal court jurisdiction exists, the United States District Court for the Central District of California. You and GearUp agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible).

(c) If you reside outside of the EEA, Switzerland, the UK, or North America, then the laws of Singapore will govern this Agreement and any Claim.

11.2 Informal Dispute Resolution. GearUp is committed to customer satisfaction and we aim to resolve all your concerns amicably and efficiently. As a first step we always encourage you to contact our customer support here [link] as this is usually the quickest and most efficient way to resolve potential problems. If the problem persists, you and GearUp agree to give each other an opportunity to resolve any Claim first through the following informal dispute resolution process before resorting to more formal means of resolution. The process starts with you contacting GearUp by sending a written notice (“Claimant Notice”) to us at disputes@gearupglobal.com The Claimant Notice must (i) include your full name, address, Account username, and contact email address; (ii) explain what the Claim is about; and (iii) explain what you want as a solution. We will endeavor to resolve the Claim with you for a period of sixty (60) days after we receive the Claimant Notice, and during this period you agree that (i) neither party will submit the Claim to arbitration or “small claims” court  and (ii) all applicable statute of limitations and filing fee deadlines shall be tolled as of the day a compliant Claimant Notice was received by a party.

If the Claim is not resolved within the sixty (60)-day period by informal dispute resolution, you or GearUp may start an arbitration in accordance with this Agreement.

11.3 Arbitration Agreement

(a) PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THE TERMS IN SECTIONS 11.3 THROUGH TO 11.13 (COLLECTIVELY, THE “ARBITRATION AGREEMENT”) SHALL APPLY TO THE RESOLUTION OF CLAIMS THAT CANNOT BE RESOLVED THROUGH INFORMAL DISPUTE RESOLUTION. WITH LIMITED EXCEPTIONS, ARBITRATION PRECLUDES YOU AND GEARUP FROM SUING IN COURT. YOU AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS. YOU WAIVE THE RIGHT TO A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. YOU AND GEARUP ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

(b) Applicability of the Arbitration Agreement. Any Claim, including a Claim that arose before you accepted this Agreement, regardless of whether prior versions thereof required arbitration, that cannot be resolved through informal dispute resolution (“Dispute(s)”), shall be resolved exclusively by final, binding arbitration. If any part(s) of the Arbitration Agreement are found to be invalid or unenforceable, then such specific part(s) shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of your relationship with GearUp.

(c) Confidentiality. You agree that the existence of the arbitration, all materials and documents exchanged during the arbitration proceedings, and the arbitration award shall be kept confidential and shall not be shared with anyone except the parties’ attorneys or other professional advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. If an arbitrator orders any exchange of information during arbitral proceedings, you agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration, before any such information becomes the subject of discovery in the arbitration.

(d) The arbitration shall be conducted in the English language before a single arbitrator.

11.4 Additional Terms - North America. If you reside in North America, then the following terms shall apply:

(a) FAA. This Agreement affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the U.S. Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law.

(b) Rules and Forum. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) in accordance with its Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect when the arbitration is commenced, as modified by this Agreement. The NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”) will apply if twenty-five (25) or more similar claims are asserted against GearUp by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”). The arbitrator’s decision is final, except for a limited review by courts under the FAA, and can be enforced like any other court order or judgment.

(c) Batch Arbitration. You agree that if there are one hundred (100) or more individual arbitrations of a substantially similar nature filed against GearUp by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, NAM shall (i) administer the arbitration demands in batches of 100 claims per batch (plus, to the extent there are less than 100 claims left over after the batching described above, a final batch consisting of the remaining claims); (ii) appoint one arbitrator for each batch; and (iii) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). Applicable statutes of limitations will be tolled for claims asserted in a Batch Arbitration from the time a compliant Claimant Notice has been received by a party until the Mass Filing is filed in NAM or in court. To the extent the parties disagree on any issue arising out of or relating to the Batch Arbitration, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Procedural Arbitrator”). The Procedural Arbitrator’s fees shall be paid by GearUp. This provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. All parties agree that arbitrations are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues, and seek the same or similar relief.

(d) Arbitrator. The arbitrator will be a neutral party (not a judge or jury) who is either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from NAM’s roster of consumer dispute arbitrators. The arbitrator shall have exclusive authority to resolve any Dispute and aspect thereof, except that all Disputes arising out of or relating to class action waiver including any claim that it is unenforceable, illegal, void or voidable, or that it has been breached, shall be decided by the court(s) of competent jurisdiction and not by an arbitrator.

11.5 Additional Terms - EEA, Switzerland, or the UK: We encourage you to refer to Informal Dispute Resolution process (see section 11.2). If you reside in the EEA or making a claim against trader based in the EEA you are also entitled to submit Your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform. ODR allows EEA consumers to resolve disputes related to the online purchases of goods and services without going to court. This does not limit your rights according to mandatory laws of your country of residence.

11.6 Additional Terms - Rest of World. If you reside outside North America, the EEA, Switzerland, or the UK, then you agree that all Claims shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. You further agree that following the commencement of SIAC arbitration, you will attempt in good faith to resolve the Dispute with GearUp through mediation at the Singapore International Mediation Centre (“SIMC”), in accordance with the SIAC-SIMC Arb-Med-Arb Protocol for the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by SIAC and may be made a consent award on agreed terms.

11.7 Arbitration Award. The arbitrator’s award will be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

11.8 Costs of Arbitration.

You will pay all filing, administrative and arbitrator fees in accordance with the applicable arbitration rules. If the value of your Claim does not exceed $10,000, GearUp will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose or without a sufficient pre-claim investigation into the facts or applicable law. You are also solely responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.

In addition to the foregoing, if you reside in North America and you start the arbitration, you must pay any NAM filing fees required for consumer arbitrations in accordance with NAM rules.

11.9 Waiver of Class Actions and Class Arbitrations
To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent discussed above for Mass Filings), you and GearUp agree to only bring disputes in an individual capacity and shall not (a) seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity, or (b) consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to this Agreement and all other actions or arbitrations. This subsection does not prevent you or GearUp from participating in a class-wide settlement of claims.

11.10 Jury Trial Waiver

To the maximum extent permitted by applicable law, you and GearUp agree to waive right to a jury trial. You and GearUp are instead electing that all Disputes shall be resolved under this Arbitration Agreement, except as specified in this Section. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

11.11 Opt-Out
You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to the following email address: disputes@oc.GearUp.com, within 30 days after first agreeing or becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Account username, your contact email address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

11.12 Modification.

Notwithstanding any provision in this Agreement to the contrary, GearUp may make changes to this Arbitration Agreement from time to time. Changes will be posted here, and you should regularly check for the most recent version. If you continue to use the Software and Services after the effective date of any changes to this Arbitration Agreement, then you are deemed to have accepted those revisions. For any such change, you may reject that change within thirty (30) days of such change becoming effective by informing GearUp at the following email address: disputes@gearupglobal.com Changes to this Arbitration Agreement shall not apply to any claim that was filed in a legal proceeding against GearUp or you prior to the effective date of the modification. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes, the provisions of this Arbitration Agreement as of the date you first accepted the Agreement (modified by any subsequent changes to this Agreement you accepted) remain in full force and effect. GearUp will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

11.13 Exceptions.

Notwithstanding anything in this Agreement to the contrary, you may: (a) bring a qualifying claim over a Dispute in a small claims court or tribunal, or (b) seek equitable relief in court for infringement or other misuse of intellectual property.  

12 Miscellaneous

12.1 English Version. The English version of this Agreement will be the version used when interpreting or construing this Agreement.

12.2 Non-Assignment. You may not assign or otherwise transfer this Agreement or your rights and obligations under this Agreement, in whole or in part, without our written consent, and any such attempt will be void. We may assign or transfer our rights under this Agreement to a third party without your consent.

12.3 Entire Agreement. This Agreement set forth the entire agreement between you and us, and supersede and replace any and every other prior or contemporaneous agreement or understanding that may have existed between you and us.

12.4 Severability. If any provision of this Agreement is held invalid or unenforceable for any reason, the remainder of this Agreement will continue in full force and effect and such provision shall be ineffective only to the extent of such invalidity or unenforceability.

12.5 No Waiver. Our failure to enforce or exercise any provision of this Agreement is not a waiver of that provision. 

13 Mobile Applications

The following terms and conditions apply to you only if you are downloading Software from the Apple App Store (hereinafter, the "App"). To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that this Agreement are solely between you and GearUp, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store's applicable Agreement. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement. You and GearUp acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and GearUp acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, GearUp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You must comply with applicable third-party terms of agreement when using the App. You and GearUp acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as they relate to your use of the App, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.