TERMS OF SERVICE

You agree to abide by our user guidelines and not to use the Services or any part thereof in any manner not expressly permitted by the Terms. Except for the rights expressly granted to you in the Terms, Chill grants no right, title, or interest to you in the Site, the App or the Services.

Third party software (for example, open source software libraries) included in the Services are made available to you under the relevant third party software library’s license terms.

1. Links The Services provide, or third parties may provide, links to other sites, applications or resources. Because Chill has no control over such sites, applications and resources, you acknowledge and agree that 9 Chill is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, services, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Chill shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party links.

2. Termination and Suspension We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at [e-mail]. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 5 (to the extent any fees are owed to Chill at termination), 11, 12, 13, 17, 18, 19, and 20.

3. No Third Party Beneficiaries You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.

4. Governing Law and Forum Choice These Terms and any action related thereto will be governed by the British Virgin Islands Arbitration Act and the laws of Singapore, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 19 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Chill are not required to arbitrate will be the state and federal courts located in the British Virgin Islands, and you and Chill each waive any objection to jurisdiction and venue in such courts.

5. Dispute Resolution 19.1. Mandatory Arbitration of Disputes

We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Chill agree that the British Virgin Islands Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Chill are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

19.2. Exceptions

As limited exceptions to Section 19.1 above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

19.4. Arbitration Costs

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, including JAMS’ Consumer Arbitration Minimum Standards, as applicable, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

19.5. Injunctive and Declaratory Relief

Except as provided in Section 19.2 above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

19.6. Class Action Waiver

YOU AND Chill AGREE THAT EACH 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 OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

19.7. Severability

With the exception of any of the provisions in Section 19.6 of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

1. General Terms 20.1. Reservation of Rights

Chill and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

20.2. Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Chill and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Chill and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Chill’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Chill may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

20.3. Notices

Any notices or other communications provided by Chill under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

20.4. Waiver of Rights

Chill’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Chill. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

1. Contact Information If you have any questions about these Terms or the Services, please contact Chill at 📧[e-mail]