Terms of Use

Last modified: April 2024

Zaiyari Wellness (“Zaiyari Wellness” “our,” “we,” or “us”) provides the services associated with the Zaiyari Wellness app. Please read our Terms of Service so you understand the services that Zaiyari Wellness provides. You agree to our Terms of Service (“Terms”) by installing, accessing, or using the Zaiyari Wellness apps, services, features, software, or website (together, “Services”).

Agreement to terms

Please read these Terms carefully. By accessing or using the Services, you acknowledge that you have read these Terms, that these Terms govern your use of the Services, and that you agree to them. If you do not agree to be bound by these Terms, please do not use the Services. We may also have different or additional terms in relation to some of the Services. Unless we say otherwise in those terms, those terms supplement and are part of these Terms and will control to the extent there is a conflict with these Terms.

EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE SECTION ENTITLED “ARBITRATION” BELOW, YOU AND ZAIYARI WELLNESS AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

About our services

Registration. You must register for our Services using accurate data and provide your name, mobile phone number, email address, and other particulars as requested. You confirm you are authorized to provide us such information to allow us to provide our Services. If you change any of these details, you shall update Zaiyari Wellness promptly through the features provided in the app. As part of registration and ongoing service delivery, you hereby consent to receive emails from us or any of our third-party providers. You may opt-out of these emails at any time. Please see our Privacy Policy for more details. Age. You must be at least 18 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Privacy policy and user data

Zaiyari Wellness cares about your privacy. Zaiyari Wellness Privacy Policy describes our information practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to third party service providers in and outside of Singapore where such parties have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Subscriptions and renewal

If you purchase a recurring subscription of the Services, the subscription will be continuous for the subscription period you select and will automatically renew for another subscription period until canceled. You authorize Zaiyari Wellness to automatically charge your designated payment method at the beginning of each subscription period for the then-current price of your recurring subscription, along with any applicable taxes and fees specified, unless canceled in accordance with at least 24 hours before the end of your current subscription. If we are not able to charge your payment method for your recurring subscription, you remain responsible for any uncollected amounts. If you cancel, you are not entitled to a refund for the fees you already paid, but, subject to these Terms, you will continue to receive access to the Services until the end of your current subscription period.

Payment

If you purchase a subscription or other item through the Services, you must provide an accurate and up-to-date payment method acceptable by us. You authorize Zaiyari Wellness to charge any purchase to your designated payment method, including the then-current price plus any applicable taxes and fees specified. No transaction is binding on Zaiyari Wellness until accepted and confirmed by Zaiyari Wellness. If you have any concerns regarding any transactions through the Services, you must raise them with us first and not cancel or reverse charges through your payment method provider unless you have made a reasonable attempt to resolve the matter directly with us or otherwise as provided by applicable law. Zaiyari Wellness reserves the right to verify your identity or request more information in connection with your purchases, and not to process or to cancel purchase requests, including if we suspect fraud or if your payment method is declined. YOU WILL NOT HAVE THE RIGHT TO RECEIVE A REFUND FOR ANY AMOUNTS PAID TO US UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. Your purchases are not contingent on the delivery of any current or future functionality, content, or features, or dependent on any oral or written public comments made by Zaiyari Wellness regarding such functionality or features. If You do not pay Fees on time, we may (at our option and in addition to other remedies) (i) charge a late fee on the unpaid balance at the lesser of one and one-half percent (1.5%) per month or the maximum lawful rate permitted by applicable law, rounded to the next highest whole month and compounded monthly, and (ii) suspend or terminate your account and/or your access to the Services.

Acceptable use of our services

Our Terms and Policies. You must use our Services according to our Terms and posted policies. We reserve the right to disable your account, at any point of time, for a violation of our Terms.

Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that:

• violate, misappropriate, or infringe the rights of Zaiyari Wellness, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;

• are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes;

• involve publishing falsehoods, misrepresentations, or misleading statements;

• impersonate someone;

• involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or

• involve any non-personal use of our Services unless otherwise authorized by us.

Harm to Zaiyari Wellness or Our Users. You must not (or assist others to) 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 that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means:

• reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services;

• send, store, or transmit viruses or other harmful computer code through or onto our Services;

• gain or attempt to gain unauthorized access to our Services or systems;

• interfere with or disrupt the integrity or performance of our Services;

• create accounts for our Services through unauthorized or automated means;

• collect the information of or about our users in any impermissible or unauthorized manner;

• sell, resell, rent, or charge for our Services; or

• distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Keeping Your Account Secure. You are responsible for keeping your device and your Zaiyari Wellness account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

Third-party services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services (“Third Party Content”). For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your Zaiyari Wellness contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services. We provide Third-Party Content only as a convenience and do not control or endorse, and make no representations or warranties regarding, any Third-Party Content. To the extent permitted by applicable laws, you acknowledge sole responsibility for, and assume all risk arising from, your access to and use of such Third-Party Content.

Licenses

Your Rights. Zaiyari Wellness does not claim ownership of the information that you submit for your Zaiyari Wellness or through our Services. You must have the necessary rights to such information that you submit for your Zaiyari Wellness account or through our Services and the right to grant the rights and licenses in our Terms.

Zaiyari Wellness's Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission.

Your License to Zaiyari Wellness. In order to operate and provide our Services, you grant Zaiyari Wellness worldwide, non- exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, adapt, copy, modify, distribute, create derivative works of, publicly display, store, and publicly perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services and any name, username, or likeness provided in connection with any such information or content in all media formats and channels now known or later developed in connection with operating, marketing, and providing the Services without compensation to you, and to the extent permitted by applicable laws, you hereby waive all moral or special rights in this regard.

Zaiyari Wellness's License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to access and use our Services solely for your personal, non-commercial purposes, subject to and in accordance with our Terms. Further, Zaiyari Wellness grants you a limited non-exclusive, non-transferable, and non-sublicensable license to download and install a copy of any mobile app we distribute through an App Store on a mobile device that you own or control. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and will violate our intellectual property rights. Subject to your mobile device configurations, you authorize us to automatically install updates to any of our mobile apps.

Reporting third-party copyright, trademark, and other intellectual property infringement

To report claims of third-party copyright, trademark, or other intellectual property infringement, please email us at wellness@zaiyariwellness.com. We may terminate your Zaiyari Wellness account if you repeatedly infringe the intellectual property rights of others.

Disclaimers

You use our services at your own risk, and subject to the following disclaimers. We are providing 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, 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. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “Zaiyari Wellness Parties”) from any claim, complaint, cause of action, controversy or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties.

YOU AGREE THAT THE SERVICES ARE NOT INTENDED TO BE USED IN A MEDICAL EMERGENCY. IF YOU ARE LOCATED IN THE UNITED STATES AND YOU ARE HAVING THOUGHTS OF SUICIDE OR SELF-HARM, PLEASE CALL OR TEXT 988, THE SUICIDE AND CRISIS LIFELINE. IF YOU ARE IN IMMEDIATE DANGER, PLEASE CONTACT 911 OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT ATTEMPT TO ACCESS EMERGENCY CARE THROUGH THESE SERVICES. IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES, PLEASE CONTACT YOUR LOCAL CRISIS OR EMERGENCY RESOURCES OR GO TO THE NEAREST EMERGENCY ROOM.

• the Services are provided for informational purposes only and are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, or to be a substitute for professional medical care or financial advice;

• Zaiyari Wellness is not a licensed medical care provider and does not engage in, and has no expertise in, diagnosing, examining, or treating medical conditions of any kind, or in prescribing treatments or determining the effect of any specific treatment on a medical condition;

• Zaiyari Wellness does not provide emergency services and is not obligated to contact you or anyone on your behalf with respect to your medical condition or treatment;

• Zaiyari Wellness is not responsible for the accuracy, reliability, effectiveness, or correct use of any of the Services;

• You should always consult a medical professional if you have any questions regarding a medical condition; and

• You should never disregard professional medical advice or delay in seeking it because of something you have read or received using the Services.

By granting you the right to use the Products or Services, the Zaiyari Wellness Entities do not assume any obligation or liability with respect to your health or your physical activity or condition. In no event will the Zaiyari Wellness Entities be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Services or any activity you undertake in connection therewith. As between you and the Zaiyari Wellness Entities, you are solely responsible for your use of the Services and your health and medical conditions and treatment related thereto. The Zaiyari Wellness Entities will have no liability for any unauthorized disclosure of your personally identifiable information caused by your actions or omissions.

Not all activities described as part of the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the Services.

Limitation of liability

To the fullest extent permitted by applicable law, neither the Zaiyari Wellness Parties nor any other party involved in creating, producing, or delivering the Services will be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute Services arising out of or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, relating to, arising out of, or in any way in connection with our terms, us, or our services, even if such party has been advised of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose. Our aggregate liability relating to, arising out of or in any way in connection with our terms, us, or our services will not exceed the greater of fifty dollars ($50) or the amount you have paid us in the past twelve months. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions or limitations set forth above may not apply to you. Notwithstanding anything to the contrary in our terms, in such cases, the liability of the Zaiyari Wellness Parties will be limited to the fullest extent permitted by applicable law. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Zaiyari Wellness and you.

Indemnification

You agree to defend, indemnify, and hold harmless the Zaiyari Wellness Parties 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 in connection with any of the following:

• your access to or use of our Services, including information provided in connection therewith;

• your breach or alleged breach of our Terms;

• your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights);

• your conduct in connection with the Services; or

• any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

You will promptly notify the Zaiyari Wellness Parties of any third-party Claims, cooperate with the Zaiyari Wellness Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Zaiyari Wellness Parties will have control of the defense or settlement, at Zaiyari Wellness’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Zaiyari Wellness or the other Zaiyari Wellness Parties.

Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE, UNLESS YOU OPT OUT, IT REQUIRES YOU AND ZAIYARI WELLNESS TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND ZAIYARI WELLNESS FROM SUING IN COURT. YOU AND ZAIYARI WELLNESS AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING.

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, including any claims related to privacy or data security (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court; and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction, including to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. For clarity, subject to the terms of this Arbitration Section, this agreement to arbitrate applies to Disputes based on events or activities that occurred prior to Last modified date indicated at the top of these Terms.

Without limiting the preceding sentence, you have the right to opt out of binding arbitration by providing Zaiyari Wellness with written notice of your desire to do so by email at wellness@zaiyariwellness.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). In order to be effective, the Arbitration Opt-out Notice must include your full name, and mailing address, and email address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the section entitled “Governing law and venue” below.

These Terms affect interstate commerce, and the enforceability of this Arbitration Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.

Initiating an Arbitration

Before either party brings an arbitration action, it will first attempt to resolve the Dispute informally via the following process.

If you assert a Dispute against Zaiyari Wellness, you will first contact Zaiyari Wellness by sending a written notice of your Dispute to Zaiyari Wellness by certified mail addressed to Zaiyari Wellness LLC, 202 E. Beeline Lane, Ste 507, Harker Heights, TX 76548 [1] or by email to wellness@zaiyariwellness.com. Your notice must

(i) include your name, residence address, email address, and telephone number;

(ii) describe the nature and basis of the Dispute; and

(iii) set forth the specific relief sought. If Zaiyari Wellness asserts a Dispute against you, Zaiyari Wellness will first contact you by sending a written notice of Zaiyari Wellness’s Dispute to you via email to the primary email address associated with your account.

Zaiyari Wellness’s notice must

(i) include the name of a Zaiyari Wellness contact and the contact’s email address and telephone number;

(ii) describe the nature and basis of the Dispute; and

(iii) set forth the specific relief sought. Each such notice described in this paragraph, whether sent by you or Zaiyari Wellness (a “Notice”).

If you and Zaiyari Wellness cannot reach an agreement to resolve the Dispute within thirty (30) days after you or Zaiyari Wellness receives such a Notice, then either party may submit the Dispute to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Zaiyari Wellness first send the applicable Notice, so that the parties can engage in this informal dispute-resolution process.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules (the “AAA Rules”) will apply, which are available on the AAA’s website (adr.org). The applicable arbitration rules are amended by these Terms as follows:

(i) YOU AND ZAIYARI WELLNESS AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND ZAIYARI WELLNESS ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated Disputes are asserted against Zaiyari Wellness or you by the same or coordinated counsel, may not consolidate more than one individual’s Disputes, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

(ii) For any arbitration you initiate, you will pay the consumer filing fee and Zaiyari Wellness will pay the remaining AAA fees and costs. For any arbitration initiated by Zaiyari Wellness, Zaiyari Wellness will pay all AAA fees and costs.

(iii) For all arbitrations where the Disputes asserted are for $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (A) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (B) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (C) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.

(iv) If you or Zaiyari Wellness submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Zaiyari Wellness agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, or other materials that might be exchanged or the subject of discovery in the arbitration. You and Zaiyari Wellness agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration. The arbitrator has exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

(v) The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual Dispute before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

(vi) The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar Disputes are asserted against Zaiyari Wellness or against you by the same or coordinated counsel or are otherwise coordinated (such Disputes, “Coordinated Disputes”). In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Zaiyari Wellness understand and agree that Coordinated Disputes may delay resolution of your or Zaiyari Wellness’s Dispute.

Enforceability

If any portion of this Arbitration Section is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Arbitration Section or the parties’ ability to compel arbitration of any remaining Disputes on an individual basis pursuant to this Arbitration Section; and (iii) to the extent that any Disputes must therefore proceed on a class, collective, consolidated, or representative basis, such Disputes must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those Disputes will be stayed (and statutes of limitations tolled) pending the outcome of any individual Disputes in arbitration. Further, if any part of this Arbitration Section is found to prohibit an individual Dispute seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Section will be enforceable.

Changes

Notwithstanding the provisions related to changes to these Terms set forth in the section entitled “Other” below, if Zaiyari Wellness changes this Arbitration Section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to wellness@zaiyariwellness.com) within 30 days of the date such change became effective, as indicated in the

“Last modified” date above or in the date of Zaiyari Wellness’s email to you notifying you of such change. In order to be effective, the rejection notice must include your full name, mailing address, and email address and clearly indicate your intent to reject changes made to this Arbitration Section. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Zaiyari Wellness in accordance with the provisions of the Terms you previously agreed to. If the Terms are otherwise modified, without changing this Arbitration Section, you agree that modification will not create a new right to opt out of arbitration.

Governing law and Venue

The laws of the State of Texas govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between Zaiyari Wellness and you, without regard to conflict of law provisions. If any Dispute is not subject to arbitration or cannot be heard in small claims court, then the state and federal courts located in Bell County, Texas will have exclusive jurisdiction. You and Zaiyari Wellness waive any objection to venue in any such courts.

Availability and termination of our services

Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Termination. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. We may change or discontinue any or all or any parts of the Services, at any time and without notice, at our sole discretion, for any purpose, including to make improvements, address technical needs, and help prevent damage to users or the Services. To the extent permitted by applicable laws, we are not responsible for any loss or harm related to your inability to access or use the Services. The following provisions will survive any termination of your relationship with Zaiyari Wellness: “Agreement to Terms”, “Licenses”, “Disclaimers”, “Limitation of Liability”, “Indemnification”, “Arbitration”, “Governing law and venue”, “Availability and Termination of our Services”, and “Other”.

Other

Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Zaiyari Wellness and our Services, and supersede any prior agreements.

Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

Our Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.

Any amendment to or waiver of our Terms requires our express consent.

We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Except as specified in the section entitled “Arbitration” above, disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.

All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent. Nothing in our Terms will prevent us from complying with the law.

Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

If we fail to enforce any of our Terms, it will not be considered a waiver.

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

We reserve all rights not expressly granted by us 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 that may not be waived by contract.

We always appreciate your feedback or other suggestions about Zaiyari Wellness and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them ( just as you have no obligation to offer them).