HomeTerms of Services

Terms of Services

1.      INTRODUCTION

In order to provide Our Services (as defined below) through Our apps, the Services, features, software, or website, We need to obtain Your agreement to Our Terms of Services (“Terms”). SuperExpat Inc. (“SuperExpat,” Our,” “We,” “Us,” or “the Company”) provides the Services described below to You (“the Services” or “the App”). Users in the European Economic Area are subject to additional terms as described in the ‘For European Union Users’ section.

2.      ACKNOWLEDGMENT

By accessing or using the Services, You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service, then You may not access the Services.

By using Our Service, You represent that You are over the age of 18. The Company does not permit those under 18 to use the Services.

These are the Terms of Service governing the use of the Services and the agreement that operates between You and SuperExpat. These Terms of Service set out the rights and obligations of all users regarding the use of the Services. Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Services.

All policies referenced in and/or included in the Terms of Service document, whether explicitly stated or incorporated by reference, are hereby collectively referred to as the “Terms”. This collective reference encompasses any and all provisions, conditions, guidelines, rules, and agreements set forth within the Terms of Service, as well as any associated documents or policies that are expressly mentioned or linked therein. By accepting the Terms of Service, users acknowledge and agree to be bound by all such policies and provisions collectively as the Terms.

3.      INTERPRETATION AND DEFINITIONS

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

  • Application refers to SuperExpat, the software program provided by the Company.
  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Account means a unique account created for You to access Our Service or parts of Our Service.
  • Country refers to: Utah, United States.
  • Company (referred to as either “SuperExpat”, “the Company”, “We”, “Us”, “Our”, or the Company” in this Agreement) refers to Digital Rishi Inc., a corporation registered in Utah, United States.
  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.
  • Service refers to the Application or the Service or both (also referred to as “the App” or “the Service” in this Agreement).
  • Terms of Service (also referred as “Terms”) mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
  • You and Your (also referred to as “User” or “Member”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  • Website refers to the SuperExpat Website (accessible at https://superexpat.com) and serves as an informational resource and provides links to app stores where the SuperExpat App can be downloaded. The Website does not offer access to the services provided through the App.

4.      USER RIGHTS AND RESPONSIBILITIES

User Accounts

When You create an account with us, You must provide Us information that is accurate, complete, and current at all times. We may use Your account email address to contact You about Your SuperExpat account, so You must ensure that Your account information stays current. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Services.

You are responsible for safeguarding the password that You use to access the Services and for any activities or actions under Your password, whether Your password is with the Services or a Third-Party Social Media service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

User Content Policy

Your Right to Post Content

Our Services allow You to post Content. You are responsible for the Content that You post to the Services, including its legality, reliability, and appropriateness. By posting Content to the Services, You grant Us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, modify, adapt, translate, create derivative works from, publicly perform, publicly display, reproduce, distribute, and exploit such Content in any manner or format and on any platform, whether now known or hereafter created. You retain any and all of Your rights to any Content You submit, post, or display on or through the Services, and You are responsible for protecting those rights.

You agree that this license includes the right for Us to make Your Content available to other users of the Services, who may also use Your Content subject to these Terms. You represent and warrant that: (i) the Content is yours (you own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

Content Restrictions

The Company is not responsible for the content created by the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or content that could be considered to harass, intimidate, or bully someone or to advance bigotry or hatred against any person or group based on ethnicity, caste, national origin, religious affiliation, sexual orientation, gender identity, gender presentation, age, serious illness, disabilities, or other targeted groups or protected classifications.
  • Any content that depicts, promotes, or facilitates child sexual abuse or exploitation (CSAE), including any imagery, discussion, or behavior that endangers the safety or wellbeing of minors, is strictly prohibited and will be reported to the appropriate authorities.
  • Content that violates the privacy of others, including publishing or posting other people’s private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from Our Services.
  • Spam, machine-generated or randomly generated content, unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Content containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Content infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
  • Content impersonating any person or entity, including the Company and its employees or representatives.
  • False or misleading user profile information, user content, or user images.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Services if You post such objectionable Content.

As the Company cannot control all content posted by users and/or third parties on the Services, You agree to use the Services at Your own risk. You understand that by using the Services, You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.

Profanity Filter Usage

SuperExpat utilizes a third-party profanity filter to help maintain a respectful and professional environment across the platform. This filter will be applied to the following areas:

  • Chat Messages – Messages containing offensive or inappropriate language may be automatically censored or blocked.
  • Usernames – Profane or inappropriate usernames will be flagged and may require modification before account approval.
  • Job Postings – Job listings must adhere to professional standards; any offensive language will be automatically filtered or removed.
  • Business Postings – Business listings must comply with platform guidelines; inappropriate language will be restricted or removed.

By using SuperExpat, you acknowledge and agree that automated filtering mechanisms will be used to detect and moderate offensive content. While we strive for accuracy, the filter may not catch all inappropriate content, and we reserve the right to take further action, including manual review, content removal, or user restrictions, if necessary.

Reporting and Blocking

Reporting Inappropriate Content

SuperExpat is committed to providing a safe and respectful environment for all users. If you encounter content that violates our Company’s User Content Policy, located herein, and Our Community Guidelines, you may report it through the platform’s reporting feature. Reports will be reviewed by our moderation team, and appropriate action will be taken, which may include:

  • Issuing warnings to users who violate our policies.
  • Temporarily or permanently suspending user accounts.
  • Removing reported content from our platform.
  • Restricting or disabling certain features for offending users.
  • Escalating serious violations to relevant authorities.

Blocking Users

Users have the ability to block other users to tailor their experience on the platform. Blocking a user will prevent them from interacting with you, viewing your profile, or messaging you. However, blocking does not remove their content from shared spaces such as public groups, business listings, or job boards.

Content Moderation and Enforcement

SuperExpat is committed to maintaining a safe and respectful environment for Our global community of expatriates. When We identify illegal content or violations of Our Terms of Service, We may take the following actions, depending on the nature and severity of the infraction:

  1. Issue warnings to users who violate Our Terms and Our Community Guidelines
  2. Temporarily or permanently suspend user accounts
  3. Restrict or prevent further activity in specific expatriate groups or communities
  4. Remove violating content, account information, or group profiles from Our servers
  5. Revoke or block access to group or community invitation links
  6. Report any instances of child exploitation material to the National Center for Missing and Exploited Children (NCMEC) and/or relevant authorities

Enforcement actions for content violations are determined based on severity and frequency, following internal moderation guidelines. The Company reserves the right to issue warnings, restrict features, suspend accounts, or take further action as necessary.

Appeals Process

If your content has been removed or your account restricted due to a violation report, you have the right to appeal. Appeals must be submitted within 14 days of the enforcement action. Our moderation team will review appeals and provide a final decision, which may reinstate content, lift restrictions, or uphold the original decision.

For further information or to submit an appeal, please contact [email protected].

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Services.

Group Feature

Group Leader Responsibilities

As the creator of a group, You are responsible for ensuring that the content shared within the group aligns with the Company’s Content Policy, located herein, and Our Community Guidelines. You must take reasonable steps to moderate the group’s activity and encourage respectful interactions among members.

Use of Images and Media

Group leaders and group members may post images that reflect the topic or purpose of the group. All images must be accurate, relevant, and comply with the Company guidelines. Videos are not supported on the App.

Content Violations

Any group leader or group member may block individual group members who post inappropriate content or behavior. For content violations, including inappropriate posts and member disputes, SuperExpat’s Reporting and Blocking policies apply. Please refer to Reporting and Blocking Policy, located herein, for full details on reporting content and blocking users.

Business Listings

Maintain Accurate Information

Businesses must maintain an account profile that includes accurate customer support contact information and at least one of the following: an email address, a website address, or a telephone number. All information must be kept up-to-date and accurate. Businesses are responsible for ensuring they have all required licenses, permits, notices, and registrations necessary to operate legally in their jurisdiction. Account members who post a business listing are responsible for ensuring that the content in the business listing aligns with the Company’s Content Policy, located herein, and Our Community Guidelines.

Use of Images and Media

Business listings may include images to represent the business, products, or services offered. All images must be accurate, relevant, and comply with the Company’s Content Policy, located herein, and Our Community Guidelines.

Prohibited Types of Businesses

The following types of businesses are strictly prohibited from listing on the App, including but not limited to:

  • Businesses promoting or selling unlawful products or services
  • Businesses disseminating defamatory, misleading, or offensive content
  • Businesses involved in the promotion, sale, or distribution of firearms, ammunition, or explosives
  • Businesses promoting or selling alcohol or tobacco products, illegal recreational drugs or drug paraphernalia
  • Businesses promoting hate speech, discrimination, or violence
  • Businesses engaged in unauthorized gambling, betting, or lotteries
  • Businesses selling counterfeit goods or infringing on intellectual property
  • Businesses promoting fraudulent or deceptive practices
  • Businesses offering adult content or services, including pornography and escort services
  • Multi-level marketing schemes and pyramid schemes
  • Businesses involved in the unauthorized collection, sale, or sharing of personal data
Prohibition Against Misrepresentation

Businesses must not impersonate another business, misrepresent their affiliation with a business or entity, or otherwise mislead customers regarding the nature of their business or activities.

Any activity that misrepresents Your business identity, falsely claims affiliation with another entity, or imitates the name, brand, or voice of another business without authorization may be considered a violation of Our Terms of Service.

Content Violations

If a business listing contains misleading, offensive, or inappropriate content, users may report it for review. All reports will be processed in accordance with SuperExpat’s Reporting and Blocking policies. Please refer to Reporting and Blocking Policy, located herein, for full details on reporting content and blocking users.

Job Board Listings

Responsibility of Job Posters

Account members who post jobs on the App’s Job Board (“Job Posters”) are solely responsible for ensuring the accuracy, legality, and completeness of the job postings. By posting a job, Job Posters warrant that: ·   They have the authority to offer the position described in the posting.

·   The job posting complies with all applicable local, national, and international laws, including but not limited to labor and anti-discrimination laws.

·   They will provide truthful information about the nature of the job, compensation, location, and any other relevant details.

·   They comply with the Company’s Content Policy, located herein, and Our Community Guidelines.

SuperExpat does not verify the validity of job postings and expressly disclaims any and all liability for any inaccuracies, omissions, disputes, damages, or claims of any kind arising from information provided by Job Posters or any interactions between Job Posters and job seekers.

Expectations for Job Seekers

While We provide the Job Board as a platform to connect Job Posters and job seekers, We do not guarantee job placement or the legitimacy of any job opportunity. Job seekers are advised to:

·   Exercise due diligence when applying for or accepting job offers.

·   Verify the details of the job opportunity independently, including the terms of employment and the identity of the Job Poster.

·   Report any suspicious or fraudulent activity to SuperExpat immediately.

Disclaimer

SuperExpat serves solely as a facilitator for connecting members and does not participate in any contractual or employment arrangements. As such, We disclaim all liability for:

·   Any agreements, disputes, or claims arising between Job Posters and job seekers.

·   The accuracy or legitimacy of job postings or applications.

By using the Job Board, members agree to these terms and acknowledge their respective responsibilities and limitations as outlined above.

Content Violations

Users may report job listings that contain fraudulent, discriminatory, or misleading information. Reports will be reviewed in accordance with SuperExpat’s Reporting and Blocking policies. Please refer to Reporting and Blocking Policy, located herein, for full details on reporting content and blocking users.

Earning Karma Points

Karma Points are a feature of the SuperExpat app provided solely for entertainment and engagement purposes. These points hold no monetary value, cannot be exchanged for cash, and do not constitute legal tender, property, or any form of financial credit. SuperExpat reserves the right to modify, suspend, or terminate the Karma Points system at any time, with or without notice. By using the SuperExpat app, you acknowledge and agree that Karma Points are non-transferable and can only be used within the app in accordance with its terms and conditions.

5.      PRIVACY POLICY

Your access to and use of the Services is also conditioned on Your acceptance of and compliance with the Privacy Policy (www.superexpat.com/privacy-policy) of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects you. Please read Our Privacy Policy carefully before using Our Services. 

6.      SUPEREXPAT’S LICENSE TO YOU

SuperExpat hereby grants You a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the App and related services (collectively, the “Services”), subject to and in accordance with these Terms. This license is granted solely for the purpose of enabling You to use the Services as permitted by these Terms.

7.      COPYRIGHTS

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Services infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Services, You must submit Your notice in writing to the attention of Our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

1.    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.

2.    A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

3.    Identification of the URL or other specific location on the Services where the material that You claim is infringing is located.

4.    Your address, telephone number, and email address.

5.    A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

6.    A statement by you, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact Our copyright agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Services.

8.      INTELLECTUAL PROPERTY

SuperExpat and its original content (excluding content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

SuperExpat is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or the Services without the prior written consent of the Company.

9.  YOUR FEEDBACK TO US

You hereby irrevocably assign and transfer to the Company all worldwide rights, title, and interest in any Feedback You provide, including all intellectual property rights therein, and agree to execute any documents necessary to perfect such rights. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

10.  LINKS TO OTHER WEBSITES

Our Services may contain links to third-party web sites or the Services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or the Services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or the Services available on or through any such web sites or the Services.

We strongly advise You to read the Terms of Services and privacy policies of any third-party web sites or the Services that You visit.

11.  TERMINATION

The Company reserves the right, in its sole discretion, to suspend or terminate Your account with notice to you, or immediately without notice in cases of suspected abuse, fraud, or violation of these Terms if: (i) You have breached these Terms of Services, (ii) You use the Service in a manner that would cause a real risk of harm or loss to other SuperExpat users or Us, or (iii) You do not have a paid account and have not accessed the Service for twelve (12) consecutive months.

Before suspending or terminating Your account, We will: (i) provide You with reasonable advance notice via the email address associated with Your account so You can attempt to remedy the activity that caused Us to contact you, and (ii) allow You to export Your content from the Services. After such notice, if You fail to take measures required of You after such notice, We will terminate or suspend Your account.

We will not provide notice before termination where We believe that: (i) You are in material breach of these Terms of Services, (ii) doing so would cause Us legal liability or compromise Our ability to provide Our Services to Our other users, or (iii) the law prohibits Us from providing notice.

When this agreement terminates for any reason, all sections one would expect to survive will survive, including, but not limited to, “Limitation of Liability”, “Dispute Resolution”, “Definitions”, and “Our Intellectual Property Infringement”. The termination of this agreement does not affect any amounts owed before that termination.

12.  LIMITATION OF LIABILITY

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the lesser of: (i) the amount actually paid by You through the Services in the 12 months preceding the claim, or (ii) 50 USD if You haven’t purchased anything through the Services.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Services, third-party software and/or third-party hardware used with the Services, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

13.  “AS IS” AND “AS AVAILABLE” DISCLAIMER

The Services is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and the Services providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Services will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or the Services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services; or (iv) that the Services, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

14.  GOVERNING LAW

The laws of Utah, excluding its conflicts of law rules, shall govern this Terms and Your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws.

15.  DISPUTE RESOLUTION

Informal Dispute Resolution

If You have any concern or dispute about the Services, You agree to first try to resolve the dispute informally by contacting the Company. If You and the Company cannot resolve the dispute informally, then a party seeking to bring a formal proceeding must first send a written Notice of Dispute (“Notice”) to the other party by certified mail. The Notice must set forth the specific relief sought. For mailing correspondence, please contact Us at [email protected] to obtain Our current mailing address. If the Company and You do not resolve the claim within sixty (60) calendar days after receiving the Notice, either party may then commence formal proceedings, including arbitration, in accordance with the provisions below.

Please note that legal notices cannot be sent by email unless explicitly permitted in writing by the Company.

Agreement to Arbitrate

We both agree that any dispute, claim, or controversy arising out of or relating to these Terms of Services, including but not limited to any dispute concerning the validity, enforceability, or scope of this arbitration agreement, shall be resolved exclusively through binding arbitration, rather than in court. This agreement to arbitrate applies globally. The arbitration shall be conducted by a neutral arbitrator under the rules of the American Arbitration Association (AAA) or an alternative arbitration body mutually agreed upon. The venue for arbitration shall be in Utah County, Utah, unless otherwise agreed to in writing by SuperExpat.

Opt-Out of Agreement to Arbitrate

You have the right to opt out of this arbitration agreement. If You do not wish to be bound by the arbitration provisions outlined in this section, You must notify Us in writing within fourteen (14) days of the date of Your acceptance of these Terms of Services. This opt-out notice must be sent via certified mail to the designated address provided in the contact section of these Terms of Services.

Arbitration Procedures

The arbitration will take place in Salt Lake City, Utah where SuperExpat Inc. is based, unless otherwise agreed by both parties in writing. If the parties are unable to agree, the arbitrator will determine the appropriate location for the arbitration. The arbitration will follow the rules of the applicable arbitration body. All procedures and proceedings will be in English unless otherwise agreed upon.

Arbitration Fees

Both parties shall be responsible for their own costs of arbitration, including attorney fees, regardless of outcome, unless required by applicable law.

Exceptions to Agreement to Arbitrate

Notwithstanding the foregoing, either party may seek relief from a court of competent jurisdiction in the event of an alleged violation of intellectual property rights, breach of confidentiality, breach of data protection obligations, or for any claim seeking an injunction or other equitable relief to prevent harm. Such claims shall not be subject to arbitration and may be brought in a court of competent jurisdiction.

No Class Actions

You agree that any arbitration will be conducted on an individual basis and not as a class, collective, or representative action. This means You may not seek to resolve any dispute through a class action or consolidated arbitration. If this provision is deemed unenforceable, the entire arbitration agreement shall be void.

16.  FOR EUROPEAN UNION USERS

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.

17.  UNITED STATES LEGAL COMPLIANCE

You represent and warrant that: (i) You are not located in, organized under the laws of, or a resident of any country that is subject to a United States government embargo or has been designated by the United States government as a “terrorist supporting” country; (ii) You are not listed on any United States government list of prohibited or restricted parties; (iii) You are in full compliance with all applicable export control laws, economic sanctions regulations, and anti-money laundering requirements; and (iv) You will promptly notify Us in writing if Your status changes with respect to any of the representations and warranties made in this clause, including but not limited to Your inclusion on any restricted party lists or changes in compliance with applicable laws and regulations.

18.  SEVERABILITY AND WAIVER

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

19.  CHANGES TO THESE TERMS OF SERVICES

We reserve the right, at Our sole discretion, to modify or replace these Terms, including all incorporated policies and documents, at any time. If a revision is material or negatively affects Your use of the Services, We will make reasonable efforts to provide at least 15 days’ notice prior to the new terms taking effect by sending an email to the email address associated with Your account or via an in-Service notification. Continued use of the Services after the notification period constitutes Your acceptance of the revised Terms. What constitutes a material change will be determined at Our sole discretion.

We may also update these Terms in ways that will not significantly negatively affect Your rights. For example, We may change the feature the Services names or change the email address You can use to contact us. In those cases, We will post the change to Our website and link to the previous version.

By continuing to access or use the Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, You must cancel Your account before they become effective. By using or accessing the Services after the updates come into effect, You agree to be bound by the revised terms.

20.  CONTACT US

If You have any questions about this Terms of Service, You can contact Us by email at [email protected]. Please note that legal notices cannot be sent by email unless explicitly permitted in writing by the Company. For mailing correspondence, please contact Us at [email protected] to obtain Our current mailing address.

SuperExpat is provided by Digital Rishi Inc., a Utah corporation, Registration No. 14013800-0142. This Terms of Service shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions.