VimWell Terms of Service

Last modified: December 12, 2023

VimWello GmbH i.L., FN 542088p, Am Hofacker 7A/1, 8010 Graz, Austria ("VimWello", "our", "we", or "us") provides you the services described below.

In order to provide our Services through our apps, services, features, software, or website, we need your formal agreement to our Terms of Service ("Terms"). The Terms regulate your use of our Apps and Platforms. The Terms also regulate your interaction with: any websites we own or operate ("Websites"), purchase of any VimWello merchandise (including VimCoins), participation in VimWello promotions ("Promotions"), and more in general your use of any VimWello products or services (together referred to as "Services").

Accessing Our Terms in Different Languages

Our Terms are written in English (United States), but we are continuously working to translate it in different languages for your convenience. In order to access our Terms in other languages, please change the language settings for your VimWello session. If our Terms are not available yet in the language you prefer, you will be provided with the English version by default. In the occurrence of conflicts between any translated version of our Terms and the English version, the English version prevails.

About our services

Our Services for You

VimWello offers you a real-world mobile platform called VimWell. Some examples of related services are our Websites, the creation of a user account, access to the platform, participation in a forum, purchase and exchange of virtual items and VimCoins, creation, maintenance, attendance to and sharing of in-app designed activities ("Quests") with others, sending (push) notifications to you and to other users.

Neither our Services nor any part of them are to be considered or treated as medical or health devices, and also not as medical or health advice.

Improvement of Our Services

In order to improve our Services, we analyze how you use VimWell. We also help businesses which use VimWell measure the effectiveness and distribution of their services and messages. In order to do this, VimWello uses the information it has, also working with partners and service providers. You can refer to our Privacy Policy to better understand what data, techniques, and third-party providers are involved in the analysis of the usage of our Services.

Enabling Access to our Services

In order to operate our Services on the global level, we need to store and distribute content and information in data centers and systems worldwide, also outside your country of residence. The use of this global infrastructure is necessary and essential to provide our Services. Our service providers, including third party companies, may own or operate this infrastructure. Please refer to our Privacy Policy for further information about our service providers.

Age Limit to Use our Services

You must be at least 16 years old to register for and use our Services, or the greater age limit set in your country or territory for you to be authorized to register for and use our Services without parental approval. Beside fulfilling the minimum age requirements to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country or territory of residence, one parent or guardian must agree to our Terms on your behalf. Please ask your parent or guardian to read these Terms with you. VimWello is entitled to request anytime the declaration of consent in written form and a verification of the age. Parents should monitor their minor’s activity and can modify their device settings to restrict in-app purchases by the minor, for instance as far as the purchase of VimCoins is concerned.

Connecting You with Other People

We provide ways for you to connect with other VimWell users, for instance through regular email or other communication channels. You can send messages including multimedia content such as images, audio and video and you can choose to show and share your status and location with others. VimWell allows you to use other social media apps in order to contact and share your contact with other users. Please refer to the Terms of Service and Privacy Policy of those third-party providers before you choose to use them or to share your data to them through VimWell.

In relation to your use of our Services, you agree that you will maintain safe and appropriate interactions with other users and other people in the real world. You must not harass, threaten or otherwise violate the legal rights of others. You must not trespass, or in any manner attempt to gain access to any property or location where you do not have a right or permission to be, and must not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Services, you release VimWello (and our officers, directors, (vicarious) agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes or with your activity.

Safety, Security, and Integrity of our Services

The safety, security, and integrity of our Services is of major concern to us and we continuously work to protect it. This implies adequately dealing with abusive people and activity which violates our Terms. We work to prevent and stop misuse of our Services, such as harmful conduct towards others, violations of our Terms and policies, and handle situations when we may be able to help support or protect our community. If we become aware of people or activity like described above, we will take appropriate measures, for instance by removing such people or activity or contacting law enforcement. This removal procedure will happen in accordance with the "Termination" section below.

NO ACCESS TO EMERGENCY SERVICES

Our Services do not provide access to emergency services or emergency services providers, such as the police, fire departments, hospitals, or any public safety answering points. You are responsible of making sure you can contact the emergency services providers through a mobile phone, a fixed-line telephone, or other service.

Devices and Software

You need to provide certain devices, software, and data connections to use our Services, since we do not supply them. In particular, you must ensure that the (mobile) device you are using to access our Services is connected to the internet and fulfils the minimum system requirements of our Services. We do not offer support regarding configuration and/or installation of devices and/or software. In order to use and keep using our Services, you consent to manually or automatically download and install updates to our Services. You also consent that we send you notifications through our Services, to the extent necessary to provide our Services to you.

Fees and Taxes

You must be aware of your responsibility for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.

VimCoins and other Virtual Items

VimCoins are solely a type of digital content we offer as part of our Services. You agree and acknowledge that VimCoins have no monetary value and do not constitute or represent currency or property of any kind. VimCoins are no real currency or items in terms of Section 90 of the German Civil Code – ("Bürgerliches Gesetzbuch - BGB "). Therefore, it is illicit and not possible to sell, transfer, or exchange VimCoins for "real" money or for "real" goods of any kind. You may collect VimCoins through our Services and optionally you may purchase extra amount of VimCoins through certain online payment systems. However, you do not acquire any ownership rights in or to VimCoins or any digital content. Furthermore, any balance of VimCoins does not correspond to any stored value. Within VimWell, you may exchange VimCoins for other digital content.

We have the right to offer, modify, eliminate or terminate VimCoins or other Virtual Items at any time, without notice or liability towards you. However, if we discontinue the use of VimCoins, we will notify you at least 60 days in advance by sending a notice through our Services or through other communication channels.

Once an online transaction has been made and the purchased amount of VimCoins have been assigned to your user account, you agree that the purchases of VimCoins are completed and ultimate. VimWello does not permit exchanges or refunds for any (including unused) VimCoins. For more information, please refer to our Cancellation Policy.

Registration

In order to use our Services, you must register by providing accurate and true information, including your email address ("Contact Email Address"), so that we can contact you, and keep it updated using our in-app "Primary contact email" feature. You agree to receive emails, text messages and phone calls with codes to register to our Services from us or our third-party providers. You may register and therefore create a VimWell user account ("User Account") for yourself using other third-party identity providers such as Facebook, Google or Twitter. You have to provide us your Contact Email Address also in this case.

You acknowledge that the User Accounts you create using different identity information (including the type of identity providers used) are considered mutually independent and different. Therefore, we do not offer any option to connect, merge, transfer any data between User Accounts. The creation of multiple User Accounts by the same person is hereby prohibited and may result in an immediate termination of one or several of these accounts in accordance with the section "Termination".

You agree and acknowledge that you are responsible for all activities that happen under your User Account, whether or not you know about them.

Privacy Policy and User Data

VimWell’s Privacy Policy document describes how we handle data, including the types of information we receive and collect from you, how we use and share this information, and your rights concerning the processing of information about you.

Certain (personal) data remain publicly accessible for other users throughout the lifetime of your User Account. These data include but is not limited to you nickname, profile picture, program generated identification character sequences, your published quests and any contact data you have chosen to publish. Public data is marked on the user interface of our services either through textual description or through VimWell’s privacy pictograms:

• Lock: private data which only you can see

• Three busts: data shared with your friends and teammates

• Globe: public data which everybody can see

Appropriate Use of Our Services

Our Terms and Policies

You must use our Services according to our Terms and published policies. In case you violate our Terms or policies, we may disable, or suspend, or take some other form of action towards you and your User Account in accordance with the "Termination" section below. If we take such actions, you are not allowed to create a new User Account unless we explicitly permit it.

Legal and Appropriate Use

You must access and use our Services only for legal, authorized, and acceptable purposes, and in legal, authorized, and acceptable ways. You agree not to use (or assist others in using) our Services in any way that: (a) violates, misappropriates, or infringes the rights of VimWello, our users, or others, among others privacy, publicity, intellectual property, or other proprietary rights; (b) is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigates or encourages conduct that would be illegal, or otherwise inappropriate, for instance because it promotes violent crimes, endangers or exploits children or others, or coordinates harm; (c) involves publishing falsehoods, misrepresentations, or misleading statements; (d) impersonates someone; (e) involves sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and similar; (f) involves any non-personal use of our Services, if not otherwise authorized by us; or (g) falsifies any sensorial data (especially GPS location) used by our Services.

Community

All Users are aware that they attend our Services together with other Users. To enable fruitful interactions, it is necessary to comply with the rules of our Services. The Users acknowledge the rules of the Services and the participation requirements, and agree to follow the directions of VimWello and its officers, directors, (vicarious) agents and employees. Furthermore, the Users are obliged to refrain from everything that disturbs the operation of the Services and a harmonious usage and interaction among other Users. In particular, Users are obliged not to submit content that is unlawful or violates public policy. This encompasses, for instance, racist and violence glorification content, content that may cause psychological distress to children and adolescents (for instance, demoralizing and devaluing them) or undermine their well-being, as well as content that can damage VimWello’s reputation. Also, the User must not advert contents of such kind produced or spread by others.

While using our Services, you must be aware of your surroundings, and interact, communicate and behave safely. You agree to use the Services at your own risk and, by using the Services, you commit not to violate any applicable law, regulation, Event policies, or instructions as described in these Terms. You must not encourage or enable any other individual to do so either.

In case of violations of these Terms, VimWello is entitled to delete the violating information and content. We are entitled to delete uploaded information, for instance, if we receive indications of a violation of these Terms, the rules of the Application or the participation requirements, or if the uploaded information is unlawful in any other way.

Harm to VimWello

You must not - or otherwise assist others to - directly, indirectly, through automated or other means, access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways burdening, impairing, or harming us, our Services, systems, our users, or others. This includes that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, confidentiality, integrity, availability, or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorized manner; (h) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner; or (i) misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.

Keeping your Account Secure

It is your responsibility to keep your device and User Account safe and secure. You must not disclose any password belonging to your User Account to anyone. Be aware that we never request your password through any channel. You must inform us promptly of any unauthorized use, disclosure or security breach of your User Account or our Services.

Third-Party Services

Through our Services, you may access, use, or interact with third-party websites, apps, content, other products and services. For example, you may choose to interact with a share or contact button on our Platform, which brings you to a third-party’s application or website that enables you to send information to your VimWell contacts or to other people. Please consider that these Terms and our Privacy Policy apply only to the use of our Services. When you use third-party products or services, their terms and privacy policies govern your use of those products or services. VimWello provides links to third-party services only for your convenience and has no responsibility for the content, availability, or quality of products or services available on or accessible from those third-parties. In particular, third-party services may affect the possibility for you to utilize our Services, meet with other people, or take part in Events. You hereby waive and release VimWello from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third-party services. To the extent permitted under applicable law, you acknowledge the sole responsibility for and assume all risk arising from your use of any third-party services.

Licenses

VimWello’s Licensing Rights

VimWello owns all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights related to our Services. You must not use our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, and other intellectual property rights unless we explicitly permit it.

VimWello’s License to You

VimWello grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. You are allowed to use this license for the sole purpose of using our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or by any other way, with the exception of the licenses and rights expressly accorded to you.

Your License to VimWello

For the purpose of operating and providing our Services, you grant VimWello a worldwide, non-exclusive, royalty-free, sublicensable, perpetual and transferable license to use, modify, reproduce, distribute, create derivative works of, publicly display, publicly perform, market, and promote your User Content or any information that you upload, submit, store, send, or receive on or through our Services, including your profile picture, messages, Quests and other User Content.

You have sole responsibility for all your User Content. You represent and warrant that you own all your User Content and you have all rights which are necessary to grant us the above-declared license.

In addition, you represent and warrant that neither the User Content you produce, nor the one you upload or share through our Services, nor the one you use, nor the use of your User Content by VimWello will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or cause a violation of any applicable law or regulation. To the extent permitted by applicable law, you also agree not to exercise your moral rights (or equivalent rights under applicable laws) against VimWello or any third party designated by VimWello, for instance your right to be identified as the author of any of the User Contents.

You agree to pay for all royalties, fees, penalties and any other monetary fees due to any third person or entity because of the misuse of User Content published on or through our Services and/or the Community Forums, or any other kind of misuse.

You understand and agree that once your uploaded or published User Content is shared with another user in our Services, we are not obliged to delete or request users to delete that User Content, and therefore this User Content may continue to appear and be used indefinitely within or outside our Services.

Reporting Third-Party Copyright, Trademark, and Other Intellectual Property Infringement

To report claims concerning third-party copyright, trademark, or other intellectual property infringement, please write an email to the address support@vimwell.eu. We may take action in relation to the account(s) responsible for above-mentioned violations, for instance disabling or suspending these accounts according to the "Termination" section below, in case of clear, serious or repeated infringements or in the cases when we are required to do so for legal reasons.

Disclaimers and Release

YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS.

VIMWELLO, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE "VIMWELLO PARTIES") ARE NOR LIABLE TO YOU FOR ANY LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF REPUTATION, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, THE COST OF SUBSTITUTE SERVICES OR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THE VIMWELLO PARTIES, OUR TERMS, THE USE OF OR IMPOSSIBILITY FOR YOU TO USE OUR SERVICES, COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PEOPLE (INDIPENDENTLY FROM THE CAUSES OF SUCH IMPOSSIBILITY AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE, CONTRACT, TORT OR WARRANTY), EVEN IN THE CASES WHEN THE VIMWELLO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE ARE NOT RESPONSIBLE FOR AND DO NOT CONTROL HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES PROVIDED BY OUR SERVICES. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING USER CONTENT) OF OUR USERS OR OTHER THIRD-PARTIES.

YOU ASSUME ALL RISKS ARISING OUT OF, OR IN ANY WAY RELATING TO, YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES AND THE LINKED THIRD-PARTY SERVICES. YOU ARE AWARE THAT VIMWELLO DOES NOT CHECK OR INVESTIGATE THE BACKGROUND OF ANY USERS OF THE SERVICES. VIMWELLO MAKES NO REPRESENTATIONS OR WARRANTIES AS FAR AS THE CONDUCT OF USERS OF THE SERVICES IS CONCERNED. YOU COMMIT TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES AND THE LINKED THIRD-PARTY SERVICES, ESPECIALLY IF YOU DECIDE TO MEET ONLINE OR OFFLINE/IN PERSON.

YOU RELEASE THE VIMWELLO PARTIES FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, DISPUTE, OR DAMAGES (TOGETHER, "CLAIM"), KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD-PARTIES.

IF THE LAWS OF YOUR COUNTRY OR TERRITORY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT, YOUR RIGHTS WITH RESPECT TO THE VIMWELLO PARTIES ARE NOT MODIFIED BY THE ABOVE-STATED DISCLAIMER.

IF YOU RESIDE IN THE UNITED STATES, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH STATES 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 FAVOR 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.

OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, OR THE USE OF OR INABILITY TO USE OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE ABOVE-STATED DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IF THE LAWS OF YOUR STATE OR JURISDICTION OF RESIDENCE DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THEN THE LIABILITY OF THE VIMWELLO PARTIES (DESPITE ANYTHING TO THE CONTRARY IN OUR TERMS) WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

In case anyone raises a claim ("Third-Party Claim") against us related to your actions, information, or content on VimWell, or any other way you use our Services, you must , to the maximum extent permitted by applicable law, indemnify, and hold the VimWello Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way connected with any of the following: (a) your access to or use of our Services, including information and content provided in connection therewith; (b) your breach of our Terms or applicable law; or (c) any of your misrepresentations or misuses. You agree to cooperate, to the extent we require from you, in the defense or settlement of any Third-Party Claim. If the laws of your country or territory of residence, applicable as a result of your use of our Services, do not permit it, your rights with respect to VimWello are not modified by the above-stated indemnification.

Dispute Resolution

Governing Law

The laws of the Republic of Austria govern our Terms and any Disputes, both in court and arbitration, which might arise between VimWello and you, regardless of any conflict of law provisions.

Forum and Venue

For any claim or cause of action you have against VimWello relating to, arising out of, or in any way connected with our Terms or our Services, and for any claim or cause of action that VimWello files against you, you and VimWello agree that any such claim or cause of action (each, a "Dispute", and together, "Disputes") will be resolved exclusively in the Internet Ombudsmann. In case of disputes, we are committed to participate in the arbitration procedure of the Internet Ombudsmann. Furthermore, you agree to submit to the personal jurisdiction of such court for the purpose of litigating any such claim or cause of action, and you agree that the laws of the Republic of Austria will govern any such claim or cause of action without regard to conflict of law provisions. Despite the things stated above, you agree that, in our sole discretion, we may decide to resolve any Dispute we have with you that is not subject to arbitration in any competent court having jurisdiction over the Dispute in your country of residence.

You can reach the Internet Ombudsmann under the following address:
Margaretenstraße 70/2/10
A-1050 Vienna, Austria

You can find more information on the types of procedures on www.ombudsmann.at or in the respective procedural guidelines:

Procedural guidelines of the Internet Ombudsmann for alternative dispute resolution under the AStG (AStG arbitration procedure):
Guidelines for the AStG procedure (PDF)

Guidelines for the arbitration procedure of the Internet Ombudsmann outside the scope of the AStG (standard procedure):
Guidelines for the standard procedure (PDF)

The European OS platform can also be used to settle disputes with our company. Link to the OS platform: https://ec.europa.eu/consumers/odr

Requirements and procedure to bring a claim

Prior to commencing the arbitration of a Dispute, you must provide us with a written Notice of Dispute containing your (a) name; (b) residence address; (c) user ID; (d) Primary contact email; (e) phone number, optional; (f) a detailed description of the dispute; and (g) the relief you pursue. Any Notice of Dispute should be sent to us either via email or via post to VimWello GmbH i.L., Am Hofacker 7A/1, 8010 Graz (Austria). Before we commence arbitration, we will send you a Notice of Dispute per email. If we are not able to resolve a dispute within sixty (60) days after we received the Notice of Dispute, you or we may commence arbitration.

Time Limit to Bring a Claim or Dispute

THE TIME FOR YOU TO BRING A CLAIM OR DISPUTE IS LIMITED BY THESE TERMS. IN PARTICULAR, THESE TERMS LIMIT THE TIME TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION OR SMALL CLAIMS PROCEEDING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. We and you agree that, for any Dispute (with the exception of the Excluded Disputes defined below), we and you must bring Claims (including commencing an arbitration proceeding) within one year from the moment the Dispute first arose; otherwise, such Dispute is permanently barred. In other words, if we or you attempt to bring a Claim (including commencing an arbitration) longer than one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.

"Excluded Dispute" is the term used for any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents) or efforts to interfere with our Services or use our Services in unauthorized ways (for example, automated ways). However, Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not among Excluded Disputes.

Provisions for Class Actions, Class Arbitrations, or Representative Actions

Both you as individual and we are legitimated to bring a claim each only on our own behalf, and not on behalf of any official or other person, or class of people. Therefore, you waive your right to take part in, or have your dispute heard and resolved as, a class action, a class arbitration, or a representative action. If a final judicial determination states that any particular Dispute or a request for particular relief cannot be arbitrated in accordance with this provision's limitations, then only that Dispute, or only that request for relief, may be brought to court. Except these cases, all other Disputes or requests for relief remain subject to this provision.

Availability and Termination of Our Services

Availability of our Services

In the effort to continuously improve our Services, we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms. Interruptions in Our Services may happen due to different reasons, such as for maintenance, repairs, upgrades, or network or equipment failures. At any time and without notice or liability to you, we may discontinue or modify some or all parts of our Services including certain features, such as Virtual Items and VimCoins, as well as the support for certain devices and platforms. Events beyond our control, such as events in nature and other force majeure events, may affect our Services.

Termination

We hope you will remain a VimWell user. However, you can terminate your relationship with VimWello anytime for any reason by deleting your account. Please press "Delete your user account" in the app settings and follow the guided procedure.

We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, for instance, if you violate the letter or spirit of our Terms or cause harm, risk, or possible legal exposure for us, our users, or others. In case your user account is not activated after registration, or if it remains inactive (e.g. if you do not log in) for an extended period of time, we may also disable or delete it. The following provisions will survive any termination of your relationship with VimWello: "Licenses", "Disclaimers and Release", "Indemnification", "Dispute Resolution", "Availability and Termination of Our Services", and "Other".

Other

• Unless otherwise stated in a mutually executed agreement between you and us, our Terms, our Privacy Policy and our Cancellation Policy constitute the entire agreement between you and us with regard to VimWell and our Services, and supersede any prior agreements.

• We reserve the right to designate in the future that certain of our Services are governed by separate terms (in this case, if applicable, we will request you to give a separate consent).

• These terms do not apply to the relationship between you and the online shop in which you have downloaded VimWell. The purchase conditions concerning the download, payment and costs for the download fall within the scope of the terms of the respective online shop.

• We do not intend our Services to be distributed or used in any country or territory where such distribution or use would violate local law or would subject us to any regulations in another country or territory. Therefore, we are not liable for such distributions and uses. We reserve the right to limit our Services in any country or territory.

• You must comply with all applicable United States and non-United States export control and trade sanctions laws ("Export Laws"), and you will not disguise your location through IP proxying or other methods. You must not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services to any individual, entity, territory, or country prohibited by Export Laws. If you are located in a restricted country or territory, or if you are currently on any United States or non-United States restricted parties list, you are not allowed to download or use our Services.

• We may amend or update these Terms. Every time we do, we will notify you and update the "Last modified" date at the top of our Terms. By continuing to use our Services, you confirm your acceptance of our Terms in the amended version. If you do not agree with our amendments, then unfortunately you must stop using VimWell and our Services by deleting your account.

• We may freely assign all of our rights and obligations under our Terms to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise. In connection with this, we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third-party. If you do not agree to such an assignment, unfortunately you must stop using our Services by deleting your account.

• Unless you get our prior written consent, you must not transfer any of your rights or obligations under our Terms to anyone else.

• If our Terms and the law are in contrast, we must comply with the law.

• Our Terms do not give any third-party beneficiary rights, except the ones contemplated herein.

• If we are not able to enforce any of our Terms, it is not a waiver and it should not be considered as such.

• In case any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed amended to the minimum extent necessary to make it enforceable. If it is not possible to make it enforceable, then it shall be deemed severable from our Terms and shall not affect the validity and enforceability of all other provisions of our Terms. The remaining part our Terms will remain in full force and effect.

• We reserve all rights not expressly granted by our Terms to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights which cannot be waived by contract.

• Your feedback or other suggestions about VimWell and our Services are always welcome. However, you understand that you have no obligation to provide feedback or suggestions. If you give us feedback or suggestions, you agree that we may use them without any restriction or obligation to compensate or reward you for them.

• If we deem it necessary, we reserve the right to amend or expand this Terms at any time with effect for the future. For instance, an amendment may be necessary to conform this Terms to an amendment of the legal situation, or to reflect changes in the App, Websites, and/or further services.