TERMS AND CONDITIONS OF USE

THIS SERVICE MAY INCLUDE SUBSCRIPTIONS THAT AUTOMATICALLY RENEW. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY (IN PARTICULAR, SECTION 4 “FEES AND PAYMENT”) BEFORE STARTING A TRIAL OR COMPLETING A PURCHASE FOR OUR AUTO-RENEWING SUBSCRIPTION SERVICE. TO AVOID BEING CHARGED YOU MUST AFFIRMATIVELY CANCEL A SUBSCRIPTION OR A TRIAL AT LEAST 24 HOURS BEFORE THE END OF THE TRIAL OR THEN-CURRENT SUBSCRIPTION PERIOD.

The Service and the Website are not offered to children below 16. Please do not submit on the Website any personal data of children below the age of 16 unless express permission of their parents or legal guardians was duly obtained.

1. ACCEPTANCE OF TERMS

1.1. Unabi website available at https://unabi.online (the “Website”) and content available via the Website, or our emails ("Content") are distributed by Funteq Inc (having its registered address at: 30 N Gould St Ste R, Sheridan, WY 82801) The Website, together with the Content, tools, transactions and other services available by using them, are collectively referred to as the "Service".

The Service provides you with entertainment information such as horoscope & compatibility content described on the Website and in the Service.

1.2. Your access and use of the Service constitutes your agreement to be bound by these Terms and Conditions of Use (the "Terms"), which establishes a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.

1.3. Please also review our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, policies or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

1.4. We shall notify you by posting an updated Terms on the Website. Your use of the Service after posting the updated version shall mean your acceptance of the updated Terms and you waive any right to receive specific notice of each such change.

1.5. THESE TERMS CONTAIN IMPORTANT DISCLAIMERS (SECTION 2), DISCLAIMERS OF WARRANTIES (SECTION 6), LIMITATION OF LIABILITY (SECTION 7), AS WELL AS PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING AND RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION WAIVER). UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 10, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 11.

1.6. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS OR USE THE SERVICE.

2. IMPORTANT DISCLAIMERS

2.1. WE MAKE NO GUARANTEES THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR WILL PROVIDE ANY BENEFIT.

2.2. NOT ALL INFORMATION DESCRIBED IN THE SERVICE IS SUITABLE FOR EVERYONE. THE SERVICE IS INTENDED ONLY AS A TOOL WHICH MAY BE USEFUL IN ACHIEVING YOUR OVERALL LIFESTYLE GOALS. YOU ACKNOWLEDGE THAT IF YOUR ACTIVITIES ENCOURAGED OR INSPIRED BY THE SERVICE INVOLVE ANY RISKS, YOU ASSUME THOSE RISKS AND UNDERSTAND AND AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE AND WELL-BEING, AS WELL AS THE HEALTH, LIVES AND WELL-BEING OF YOUR FAMILY AND CHILDREN (BORN AND UNBORN, AS APPLICABLE), AND ALL DECISIONS NOW OR IN THE FUTURE.

2.3. INFORMATION PROVIDED THROUGH OUR SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. THE SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR ANY PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO (A) PROFESSIONAL MEDICAL OR PSYCHIATRIC ADVICE, DIAGNOSIS, OR TREATMENT, OR (B) PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE OR GUIDANCE, OR (C) PROFESSIONAL LEGAL ADVICE. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE OR OTHER PROFESSIONAL ADVICE. YOUR RELIANCE ON THE INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN ELECTION OR CHOICE. ANY AND ALL DECISIONS THAT YOU MAKE THAT ARE BASED IN WHOLE OR IN PART UPON INFORMATION PROVIDED BY THE SERVICE WILL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY.

3. SERVICE

3.1. You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Service or used by the Company to operate the Service (including the Website and the Content and excluding any User Content (as defined below)) is proprietary to us or to third parties.

3.2. The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.

3.3. The information you submit to us as part of your registration, and any data, text and other material that you may submit or post to the Service ("User Content") remain your intellectual property, and the Company does not claim any ownership of the copyright or other proprietary rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that the Company may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.

3.4. Subject to these Terms, the Company grants you a non-transferable, non-exclusive, license (without the right to sublicense) to use the Service solely for your personal, non-commercial purposes. We reserve all rights not expressly granted herein on the Website.

3.5. You agree, and represent and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.

3.6. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).

3.7. We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Company's actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Company has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.

3.8. Your access to and use of the Service is at your own risk. The Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.

3.9. The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time, at the Company's sole discretion.

3.10. To the extent it is necessary in order for the Service to provide you with any of the services and features of the Service and in order to enable usage of the Service, you hereby grant us, our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, reproduce and distribute such content for the purpose of maintaining and improvement of the functionality of the Service features.

3.11. Any user that uploads its content on the Service acknowledges and agrees that the Service may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal processes, applicable laws or government requests; (ii) enforce this Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or safety of the Company or the public.

3.12. The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities (“Third Party Services”) that are not owned or controlled by the Company. The Company does not endorse or assume any responsibility for any such Third-Party Services or their operators. If you access a Third-Party Service from the Website, you do so at your own risk, and you understand that this Terms does not apply to your use of such Third-Party Service. You expressly release the Company from any and all liability arising from your use of any Third-Party Service. Additionally, yours dealings with or participation in Third Party Services found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and the operators of such Third Party Services. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such Third-Party Services operators.

4. FEES AND PAYMENT

4.1. Certain features of the Service are offered for a fee. Such fees are indicated in the description of each service on the Website.

4.2. To the maximum extent permitted by applicable laws, we may change fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the Service or by sending you an email notification.

4.3. If you choose to use paid features of the Service, you authorize us to charge the applicable fees for the paid subscription service or any other paid feature published on the Website (including features with one-off payment) from the payment card that you submit. The payment could be also conducted through Apple Pay, Google Pay or other mobile payment and digital wallet services.

4.4. When you purchase certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription, you authorize us to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Service before purchase. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription and Subscription policy (published at https://unabi.online/terms/subscription_policy.html).

4.5. The Service and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Service (and may do so without notice).

4.6. Purchases made via the Website are subject to our refund policy described in the Money Back Guarantee policy published at (https://unabi.online/terms/money_back_policy.html)

5. USER REPRESENTATIONS AND RESTRICTIONS

5.1. By using the Service, you represent and warrant that:

5.1.1. you are not relying on any on any representation, guarantee, or statement to access the Service, other than as expressly set forth in these Terms;

5.1.2. you have the legal capacity and you agree to comply with these Terms;

5.1.3. you are not under the age of 16;

5.1.4. you will not access the Service through automated or non-human means, whether through a bot, script or otherwise;

5.1.5. you will not use the Service for any illegal or unauthorized purpose;

5.1.6. you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country or on any other sanctioned territory;

5.1.7. you are not listed on any U.S. government list of prohibited or restricted parties; and

5.1.8. your use of the Service will not violate any applicable law or regulation.

5.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).

5.3. You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

5.4. As a user of the Service, you agree not to:

5.4.1. systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

5.4.2. make any unauthorized use of the Service;

5.4.3. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;

5.4.4. use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

5.4.5. make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;

5.4.6. use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;

5.4.7. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;

5.4.8. circumvent, disable, or otherwise interfere with security-related features of the Service;

5.4.9. engage in unauthorized framing of or linking to the Service;

5.4.10. interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;

5.4.11. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;

5.4.12. attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;

5.4.13. upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

5.4.14. use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software;

5.4.15. use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;

5.4.16. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;

5.4.17. use the Service in a manner inconsistent with any applicable laws or regulations;

5.4.18. publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information;

5.4.19. upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;

5.4.20. adapt, alter, license, sublicense or translate the Service for own personal or commercial use; or

5.4.21. otherwise infringe these Terms.

6. DISCLAIMER OF WARRANTIES

THE WEBSITE, THE CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE WEBSITE, THE CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (I) THE SERVICE, CONTENT OR OTHER INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (II) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (IV) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) ANY RESULT OR OUTCOME CAN BE ACHIEVED.

7. LIMITATION OF LIABILITY

7.1. IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE WEBSITE, OR CONTENT), OR THIRD PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE (INCLUDING THE WEBSITE, THE CONTENT AND USER CONTENT), AND THIRD PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

7.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE, THE CONTENT OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.

7.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

8. INDEMNITY

You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your User Content, or (iii) your violation of these Terms. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

9. INTERNATIONAL USE

The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.

10. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

10.1. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.

10.2. YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

10.3. YOU AND THE COMPANY, AND EACH OF ITS RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE PRIVACY POLICY, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION.

10.4. A party which intends to seek arbitration must first send to the other a written notice of intent to arbitrate (a "Notice") by an international courier with a tracking mechanism, or, in the absence of a mailing address provided by you to us, via any other method available to us, including via e-mail. The Notice to the Company must be addressed to: 30 N Gould St Ste R, Sheridan, WY 82801 (as applicable, the "Arbitration Notice Address"). The Notice shall (i) describe the basis and nature of the claim or dispute; and (ii) set the specific relief sought (the "Demand"). If you and the Company do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or we may commence an arbitration proceeding as set forth below or file an individual claim in small claims court.

10.5. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL EXCLUSIVELY ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THESE TERMS.

10.6. If you commence arbitration against us, you are required to provide a second Notice to the Company at the Arbitration Notice Address within seven (7) days of arbitration commencement. The Rules and AAA forms are available online at http://www.adr.org. Unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee, if you are required to pay a filing fee to commence an arbitration against us, then we will promptly reimburse you for your confirmed payment of the filing fee upon our receipt of the second Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee.

10.7. The arbitration shall be conducted exclusively in English. A single, independent and impartial arbitrator with his or her primary place of business in Los Angeles, California will be appointed pursuant to the Rules, as modified herein. You and the Company agree to comply with the following rules, which are intended to streamline the arbitration process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.

10.8. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND THE COMPANY AGREE THAT YOU AND THE COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.

10.9. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration clause can be enforced against a non-party to this agreement and whether a non-party to these Terms can enforce its provision against you or us.

10.10. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The arbitrator shall apply the laws of the State of California without regard to its conflicts of laws principles in conducting the arbitration.

10.11. The above stated provisions of this Section 10 shall not apply to any claim in which either party seeks equitable relief to protect such party's copyrights, trademarks, patents, or other intellectual property. For the avoidance of doubt, you agree that, in the event the Company or a third party breaches these Terms, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against us, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in these Terms.

10.12. You and we agree that, notwithstanding any other rights a party may have at law or in equity, any claim arising out of or related to these Terms (including the Privacy Policy) or the Service, excluding a claim for indemnification, must be initiated with the AAA in Los Angeles, California within one (1) year after the claim occurs. Otherwise, such cause of action is permanently and forever barred. This one (1) year period includes the thirty (30) day pre-dispute procedure set forth in sub-clause 11.4 above.

10.13. All claims you bring against the Company must be resolved in accordance with this Section 10. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, the Company may recover attorneys' fees and reimbursement of its costs, provided that the Company has notified you in writing of the improperly filed claim, and you fail to promptly withdraw such claim.

10.14. In the event that we make any material change to this arbitration provision (other than a change to our Arbitration Notice Address), you may reject any such change by sending us written notice to our Arbitration Notice Address within thirty (30) days of the change, in which case your Account and your license to use the Service will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of these Terms.

10.15. If sub-clause 10.8 above or the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 11 will govern any action arising out of or related to this Agreement.

10.16. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.

10.17. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE SERVICE BY WRITING TO support@unabi.online OR TO THE ARBITRATION NOTICE ADDRESS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

11. GOVERNING LAW

11.1. The laws of the State of California, excluding its conflicts of law principles, govern these Terms and your use of the Service.

11.2. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of:

11.2.1. the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county –; and you hereby irrevocably submit to personal jurisdiction and venue in such courts, and waive any defense of improper venue or inconvenient forum. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

12. MISCELLANEOUS PROVISIONS

12.1. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by the Company of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.

12.2. Subject to Section 10, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.

12.3. Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and the Company regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.

12.4. The Company may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give the Company consent to any such assignment and transfer. You confirm that placing on the Service of a version of these Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of Company's rights and obligations under the Agreement (unless otherwise is expressly indicated).

12.5. All information communicated on the Service is considered an electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "CONTINUE", "REGISTER", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. Y YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.

12.6. In no event shall the Company be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Company's reasonable control.

13. CONTACT

If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: support@unabi.online..

Last updated: 15 June 2021

IMPORTANT PRIVACY INFORMATION

When you access our service we automatically collect from your device language settings, IP address, time zone, type and model of a device, device settings, operating system, Internet service provider, mobile carrier, hardware ID, Facebook ID, and other unique identifiers (such as IDFA and AAID). We need this data to provide our services, analyze how our customers use the service and to measure ads.

For improving the product and serving ads, we use third party solutions. As a result, we may process data using solutions developed by DigitalOcean, Snapchat, Facebook, Google, Hotjar, Amplitude, Firebase, Pinterest, Snapchat, TikTok. Therefore, some of the data is stored and processed on the servers of such third parties. This enables us to (1) analyze different interactions (what products our users have viewed); (2) serve ads (and show them only to a particular group of users, for example, only to subscribers).

Please read our Privacy Policy below to know more about what we do with data (Section 3), what data privacy rights are available to you (Section 5) and who will be the data controller (Section 1). If any questions will remain unanswered, please contact us at support@unabi.online.