Terms of Service.

TERMS OF SERVICE

Last updated: 04 August 2025

Welcome to Astari !

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND ASTARI CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 11). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

These Terms of services (“Terms”), together with Privacy policy and any other document incorporated herein by refrence (“Agreement”) is a legal contract between us (“Astari”, “we”, “us”) and you (the “Customer,” or “you,” “your,” or otherwise referenced to You as a party hereto) in respect of your use of the Astari mobile application (“Services” or the “App”). If you do not agree to the Terms you must not use the Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP OR ANY APP UPGRADES, USING THE APP ON YOUR MOBILE DEVICE, OR ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE OR THE APP. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. Before accessing or making use of our Services, please take the time to carefully review these Terms. By ordering our Services (as further defined in these Terms), you indicate your consent to abide by these Terms. Should you disagree with any aspect hereunder, you should not use our Services.

1. ELEGIBILITY

1.1. Our Services are designed only for the adults. You must be at least 18 years of age and legal age of majority in your jurisdiction to use our Services. By using our services, you confirm that you meet these eligibility requirements and have the legal capacity to form a binding agreement with us. We do not knowingly collect personal information from people under 18 years of age.

1.2. By using our Services, you represent and warrant that you:

Have full legal capacity to enter into the legal binding contract with us;
You have understood and agree to these Terms and to the entire Agreement;
At all times will you comply with these Terms and all applicable laws and regulations;

2. MODIFICATIONS

We reserve the right to change or update these Terms from time to time at our sole discretion. Except for changes to Section 10 which provides for binding arbitration, we reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms with an updated “Last updated” date above. Please review the Terms frequently for any changes. If the changes include material changes that affect your rights or obligations, we will notify you of these changes by reasonable means, which could include notification through the Services or via the email. Your continued use of the Services following the effective date of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the new Terms, you may not use the Services.

3. SERVICES AND YOUR ACCOUNT

3.1. Our Services provides users with tools to enhance and streamline the process of capturing and managing audio content. Specifically, the App enables users to:

Record audio from meetings or conversations directly within the App;
Transcribe the recorded or uploaded audio into written text using automated AI-based speech recognition technology;
Summarize key points, decisions, and action items from the transcribed content;
Analyze conversation data to extract relevant insights;
Organize and store meeting notes securely within the App;
Share meeting notes and summaries with third parties, if desired.

3.2. The App is intended to assist users in creating efficient, accurate, and actionable meeting documentation, but it does not guarantee the completeness, accuracy, or reliability of the transcription or summaries. Users are solely responsible for verifying the correctness of all content generated through the App before relying on it for any business, legal, or other decision-making purposes.

3.3. Please note that certain features may require an active internet connection and may be subject to additional fees or subscription plans. Use of the Services is subject to your compliance with these Terms and all applicable laws and regulations.

3.4. To access and use the Services, you must first register and create a user account (an “Account”). During the registration process, you will be asked to provide certain personal information, including but not limited to your name and email address. By registering, you represent and warrant that all information you provide is true, accurate, current, and complete. You further agree to keep your Account information up to date and accurate at all times.

3.5. You are solely responsible for maintaining the confidentiality of your Account credentials, including your username, password, and any other security information. You are also fully responsible for all activity that occurs under your Account, whether or not authorized by you.

3.6. Astari does not monitor access to or use of individual Accounts and disclaims any liability for loss, damage, or misuse arising from unauthorized access. If you suspect any unauthorized use of your Account or a breach of security, you must notify us immediately.

3.7. The individual who registers the Account will be deemed the “Account Owner.” If you register on behalf of a company or other legal entity, that entity will be considered the Account Owner, and you confirm that you have the authority to bind it to these Terms. The Account Owner is responsible for complying with these Terms of Service and for all actions taken under the Account.

3.8. Please note that Accounts are personal and non-transferable. You may not assign or share your Account with any other person or entity.

4. PAYMENT AND SUBSCRIPTION TERMS

4.1. Access to our Services is offered through multiple subscription options (“Subscription Plans”), each varying in features and pricing. These plans are billed on a recurring basis. Information regarding available plans and premium benefits can be found on the Astari website or within the mobile application. Prior to confirming any payment-including the initiation or alteration of recurring billing - you will be given the opportunity to review and consent to the applicable charges. By subscribing, you give your consent for us, our authorized payment processors to automatically charge your designated payment method for the subscription fees, applicable taxes, transaction charges, and any associated costs. Unless you cancel in advance, your payment method will be charged automatically on each renewal date. Your subscription remains valid for the duration of the selected billing cycle and will continue to renew automatically until actively canceled. Paid access becomes available only upon successful payment of the corresponding fee.

4.2. If you purchased your Subscription through the Apple App Store, the Apple App Store directly manages your subscription. We cannot assist with subscription management, including initiation, cancellation, or refunds. To manage your subscription or disable auto-renewal, visit the Account Settings screen in the App Store app on your Apple device after purchase. For information about taxes and currency exchange fees included in your purchase, consult the Apple App Store. You are responsible for paying any applicable taxes or additional charges.

4.3. Modifications and Promotions: We reserve the right to adjust the pricing, features, or availability of our subscription offerings at any time. You may receive notice of such modifications through our Services. From time to time, we may offer promotional discounts or special offers.

4.4. Managing and Cancelling Subscriptions: All subscriptions renew automatically unless canceled by you. You may cancel your subscription at any point, and the cancellation will become effective after the process is completed. Upon cancellation, access to premium features will be revoked at the end of your current billing period. Please note that simply stop using the Astari app will not cancel your subscription.

4.5. Refund Policy: UNLESS OTHERWISE STATED IN THIS POLICY OR REQUIRED BY LAW, ALL PAYMENTS ARE NON-REFUNDABLE. If you cancel your subscription, no refund will be issued for any remaining time in your billing cycle, and you will continue to have access until that cycle ends. We may, at our sole discretion, evaluate individual refund requests. For more details please see our Refund Policy.

4.6. Billing Schedule and Third-Party Payment Processing: Subscription charges will be processed automatically on a frequency depending on your selected plan-beginning on the first day of your billing cycle (or immediately after the trial period ends, if applicable). Each renewal will occur on the same calendar day of the relevant billing interval. Astari relies on third-party payment processors to handle transactions. Your total charge may include additional mandatory fees such as taxes, duties, or commissions, which are not included in the base subscription price. Your use of any third-party payment services is governed by their terms and conditions, and we disclaim any responsibility for issues arising from such relationships.

4.7. Subscription Plan Changes: You may switch between subscription plans at any time by updating your preferences in your Account settings. If you choose to downgrade, access to the features of your previous plan will be discontinued upon completion of the change.

4.8. Trial Access: New users, at our sole discretion, may be eligible for a 7-day free trial, during which full access to premium features is granted. Once the trial period concludes, your account will automatically be converted to a paid subscription based on the selected plan, and the associated payment obligation will apply.

5. REPRESENTATIONS & WARRANTIES

By using our Services you represent and warrant the following:

You are 18 years of age or older or are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts.
You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide.
You represent and warrant that your use of the Astari complies with all applicable local, state, national, and international laws and regulations, including those related to health, privacy, and data protection.
You have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy in order to access and use the Services.
You will act professionally and responsibly in your interactions with other users.
When using or accessing the Services, you will act in accordance with any applicable local, state, or federal law or custom and in good faith.
You will not record the audio of other people without obtaining their explicit consent.
You will not be engaged in copying, distributing, or disclosing any part of the Services in any medium other than as allowed by the Services and these Terms of Service.

Further you agree not to be engaged in any of the following:

You will not be using any automated system (other than any functionalities of the Services), including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services.
Transmit spam, chain letters, bulk or unsolicited email, or engage in phishing, pharming, pretexting, spidering, crawling, or scraping activities.
Interfere with, disrupt, or compromise the security, performance, or integrity of the Services or the servers that host them.
Attempt to intercept, decipher, or gain unauthorized access to any data transmitted to or from our systems.
Bypass, disable, or circumvent any security or access-control feature.
Use the Services in any manner that contravenes international, federal, state, provincial, or local laws, rules, regulations, or ordinances.
Encourage or enable others to engage in unlawful activity.
Upload, post, or transmit any viruses, worms, malware, corrupted data, or other malicious code.
Submit invalid, false, or misleading data.
Infringe, misappropriate, or violate Astari’s or any third party’s intellectual-property or proprietary rights.
Collect, harvest, or attempt to obtain personal information about other users without authorization
Impersonate another individual or entity, misrepresent your affiliation, or otherwise commit fraud or identity concealment.
Attempt to decipher, decompile, disassemble, or reverse-engineer any software, algorithms, or source code used in, or provided through, the Services.
Copy, reproduce, or distribute any content from the Services in a manner that violates these Terms or applicable law.
Encourage, assist, or enable any other individual or entity to engage in any activity described above

6. INTELLECTUAL PROPERTY

6.1. Subject to these Terms, we grant you a limited, non-transferable, non-exclusive license (without the right to sublicense) to access and use the Service solely for your personal, non-commercial purposes. This license applies exclusively to your use of the Service on your own compatible handheld mobile device (e.g., iPhone, Android, etc.).

6.2. You acknowledge, represent, and warrant that your use of the Service will fully comply with the scope of the license granted herein, and will not infringe upon or violate the intellectual property rights or other legal rights of any third party, nor breach any contractual or legal obligation to others. Furthermore, you agree to comply with all applicable laws, rules, and regulations in connection with your use of the Service, and you accept sole responsibility for any violations thereof.

6.3. The information and materials you submit or provide to us through your registration or otherwise via the Service-whether publicly posted or privately transmitted-remain your intellectual property. This includes, without limitation, any text, graphics, messages, photos, images, comments, suggestions, reviews, and other works of authorship (collectively, “Content”). We do not claim ownership of any copyright in your Content.

6.4. User content (your content) (hereinafter – “User content”) refers to any content, information, or materials—whether textual, audio, visual, or otherwise—that you submit, upload, publish, transmit, or otherwise make available via the Services, including to other users. You are solely responsible for all User Content that you provide while using the Services. This includes ensuring that your content complies with all applicable laws and regulations, including but not limited to any obligations to:

Obtain all necessary permissions or consents from third parties; and
Properly acknowledge or respect any third-party intellectual property or privacy rights.

6.5. By submitting User Content, you represent and warrant that you have all necessary rights, licenses, and permissions to share such content via the Services, and that doing so does not violate any third-party rights.

6.6. Astari does not claim ownership of your User Content, and you retain all copyrights and other proprietary rights that you already hold in that content. Astari merely acts as a passive conduit for the online transmission and publication of User Content and does not participate in the creation or development of it.

6.7. You acknowledge and agree that Astari:

Does not create, endorse, or develop User Content;
Disclaims any and all responsibility or liability for User Content, including any errors, omissions, or harm arising from it;
Is not liable for any claims related to or arising from User Content; and
Has no obligation to monitor, review, or remove User Content, but reserves the right to do so at its sole discretion, at any time and without prior notice, particularly if the content is deemed to violate these Terms or applicable law.

In no event will Astari be liable for any loss, damage, or liability related to the availability, inaccessibility, or use of any User Content.

6.8. Except as expressly permitted under these Terms, any reproduction, distribution, sale, sublicensing, decompilation, reverse engineering, disassembly, translation, or any other exploitation of the Service or its components is strictly prohibited. We expressly reserve all rights, including all intellectual property rights, in and to all elements of the Service not expressly granted herein.

6.9. The provision of the Service does not convey to you or any third party any ownership, title, or other rights or interests in or to any of our intellectual property rights. All such rights are and shall remain the exclusive property of the Astari and its licensors.

7. DISCLOSURE OF THE ARITIFICAL INTELLEGENCE USE

7.1. Certain features within the Services may utilize Artificial Intelligence (AI) or other automated technologies that involve the processing of user data. By using these features, you acknowledge and agree that Astari may process your data using such technologies to provide, improve, or personalize the Services.

7.2. Astari will take commercially reasonable measures to safeguard the privacy, confidentiality, and security of any data processed through AI or similar tools. However, due to the evolving and probabilistic nature of these technologies, Astari makes no guarantees regarding the accuracy, reliability, or outcomes of AI-generated content or actions.

7.3. By accessing or using AI-driven features, you understand and accept the inherent risks associated with such technologies and agree that Astari will not be liable for any loss, harm, or damages that may result from their use. You further agree to indemnify, defend, and hold harmless Astari, its affiliates, officers, and employees from any claims, liabilities, or losses arising out of or related to your use of AI-based services.

8. DISCLAIMER

SERVICES ARE TO BE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES OF USE OF THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR OUR BREACH OF THIS LIMITED WARRANTY SHALL BE THAT WE SHALL USE COMMERCIALLY REASONABLE EFFORTS TO MODIFY THE SERVICE TO MEET THE PERFORMANCE AND FUNCTIONALITY SPECIFICATIONS, IN ALL MATERIAL RESPECTS, DESCRIBED IN THE MOST CURRENT VERSION OF THESE TERMS, AND IF WE ARE UNABLE TO RESTORE SUCH PERFORMANCE AND FUNCTIONALITY, YOU SHALL BE ENTITLED TO TERMINATE THIS AGREEMENT. WE SHALL HAVE NO OBLIGATION WITH RESPECT TO A WARRANTY CLAIM (I) UNLESS NOTIFIED OF SUCH CLAIM WITHIN FOURTEEN (14) DAYS OF THE FIRST INSTANCE OF ANY MATERIAL PERFORMANCE AND/OR FUNCTIONALITY ISSUE, OR (II) IF YOU FAIL TO IMPLEMENT OUR RECOMMENDATIONS TOWARDS THE SERVICE, (III) IF THE WARRANTY CLAIM IS THE RESULT OF A THIRD-PARTY APPLICATION OR A CUSTOMIZATION OF THE SERVICE PREPARED BY YOU OR A THIRD PARTY. ANY NOTICE REQUIRED TO BE SENT PURSUANT TO THIS SECTION MUST BE SENT IN WRITING AND BEFOREHAND.

IN PARTICULAR, WE DO MAKE NO AND EXPRESSLY DISCLAIM ANY WARRANTY THAT:

THE SERVICE WILL MEET YOUR REQUIREMENTS,
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE,
THE QUALITY OF ANY DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE APP AND/OR THE SERVICE. YOU AGREE ALSO TO TAKE THE RISKS OF INTERRUPTION OF THE SERVICE FOR ANY TECHNICAL REASONS.

EXPECT AS PROVIDED IN SECTION ABOVE WE DISCLAIM, TO THE EXTENT AUTHORIZED BY LAW, ANY AND ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (I) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WORKMANLIKE EFFORT; (II) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE; AND (III) WARRANTIES THAT THE SERVICE WILL BE ERROR-FREE. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. YOU SHALL ASSUME RESPONSIBILITY FOR SELECTING THE SERVICE TO ACHIEVE ITS INTENDED RESULTS AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICE. YOU SHALL BEAR THE ENTIRE RISK AS TO ITS USE OF THE SERVICE. THIS DISCLAIMER APPLIES TO ANY EXPENSES, DAMAGES, OR INJURY, REGARDLESS OF THE CAUSE, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTUOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION.

9. INDEMNITY

You agree to defend, indemnify and hold us, our subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, debts, expenses or demand, including reasonable attorney’s fees, due to or arising from (i) your use of or access to the Service, including any data or content transmitted or received by you, or your inability to use the Service; (ii) any claim or damages that arise as a result of any of your Content or any Content that is submitted via your account (iii) your conduct in connection with the Service or other users, (iv) your violation of any of the terms of this Agreement, including without limitation your breach of any of the representations and warranties herein, (v) your violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code or (vii) your violation of any applicable laws, rules or regulations.

10. LIMIATATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ASTARI, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ASTARI’S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, DURING THE 90 DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. DISPUTE RESOLUTION

11.1. General. Any dispute of any sort between you and us that arises out of or in connection with the Services and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in Cyprus. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

11.2. Severability. If any portion of this Dispute resolution section is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The other portions of this Dispute resolution section shall continue to be enforceable and valid according to the terms contained herein.

11.3. Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. Before a party commences an arbitration or files a small claims court action with respect to a Claim, the party must first send to the other a written notice of dispute ("Notice"). A Notice from you to us must: (1) be sent by certified mail; (2) be addressed to: 705, Spyrou Araouzou & Koumantarias, Fayza House, 5th floor, office No.: 2, 3036, Limassol, Cyprus Attn: General Counsel or to the support@grifaloplimited.com (the "Notice Address"); (3) contain your name, address, and email address; (4) describe the nature and basis of your Claim; (5) if you are submitting the Notice, include any relevant facts regarding your use of the Services, including without limitation whether you have created an account; (6) specify the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation of them; and (7) include a personally signed statement from you (and not your agent, attorney, or anyone else purporting to act on your behalf) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person's dispute.

After the other party's receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).

Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth herein. All of the requirements of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure are essential so that you and we have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. If the arbitration is already pending prior to the completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure, the arbitration shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure in arbitration. After the completion the Informal Dispute Resolution Procedure the following rules shall apply:

11.4. For U.S. residents: Any arbitration between you and us shall be administered by NAM in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Dispute Resolution Section For a copy of the NAM Rules, please visit https://www.namadr.com/resource s/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 or at email address at commercial@namadr.com. If NAM is unable or unwilling to perform its duties under this Agreement, the Parties shall mutually agree on an alternative administrator that will replace NAM and assume NAM’s role consistent with this Agreement and this Agreement will govern to the extent it conflicts with the arbitration provider’s rules. If the Parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration provider who will assume NAM’s duties under this Agreement and this Agreement will govern to the extent it conflicts with the arbitration provider’s rules.

You have the right to opt out of the arbitration by sending written notice of your decision to opt out to the email address support@grifaloplimited.com, within thirty (30) days after first becoming subject to this Dispute resolution section. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of the mandatory arbitration. If you opt out of arbitration, all other parts of these Terms will continue to apply to you. Opting out of this arbitration have no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

11.5. For Non - U.S. residents: Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Cyprus Center for Alternative Dispute Resolution Rules (A.D.R. Cyprus Center Ltd) which Rules are deemed to be incorporated by reference into this clause. The seat, or legal place, of arbitration shall be the Republic of Cyprus. The governing law of the contract shall be the substantive law of the Republic of Cyprus.

If Cyprus A.D.R. Cyprus Center Ltd is unable or unwilling to perform its duties under this Agreement, the Parties shall mutually agree on an alternative administrator that will replace A.D.R. Cyprus Center Ltd and assume A.D.R. Cyprus Center Ltd role consistent with these Terms and these Terms will govern to the extent it conflicts with the arbitration provider’s rules. If the Parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration provider who will assume A.D.R. Cyprus Center Ltd’s duties under these Terms and these Terms will govern to the extent it conflicts with the arbitration provider’s rules.

12. CONSENT TO ELECTRONIC COMMUNICATIONS

12.1. Because the Services are provided electronically, you must consent to Astari providing important information electronically if you wish to use the Service. You consent to being provided with this Terms, notices, disclosures, information, policies and other materials in electronic form (collectively, “Electronic Records”), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that Astari may be required to provide to you.

12.2. You may withdraw your consent to receive Electronic Records by contacting us via support@grifaloplimited.com However, the Service provided by Astari is only available if you agree to receive Electronic Records, and you understand that withdrawing such consent will result in your account being deactivated. You can obtain a paper copy of an Electronic Record by contacting us in writing at the address provided above, provided that Astari may charge a reasonable fee to cover the costs of printing and sending the requested Electronic Record.

12.3. When you register with Astari, the service will send you both automatic and optional push notifications based on your selected notification preferences (“Notifications”). Certain Notifications may be enabled by default. By using the Service, you consent to receiving Notifications related to your use of the Service and your Account Data. While Notifications are designed to improve your experience with the Service, you have the option to disable them on your device. Depending on the Notifications you choose to receive, they may include sensitive information

13. TERM AND TERMINATION

13.1. These Terms take effect on the date you first access or use our Services and will remain in force until terminated under these Terms or in accordance with the applicable law. We reserve the right to take any lawful action deemed necessary in response to actual or suspected violations of these Terms. This may include terminating these Terms, suspending or terminating your account or access to the Service, or blocking your access entirely.

13.2. If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation: Section 4 – 11, 13.

12.3. We reserve the right, at any time and without notice to you to:

restrict, deactivate, and/or terminate your access to the Service (or any portion thereof); or
terminate or modify the Service (or any portion thereof).

12.4. We shall not be liable to you or any third party for any termination of or modification to the Services regardless of the reason for such termination or modification. We may deactivate access to the Services temporarily upon our sole discretion. If you are dissatisfied with any termination or modification of the Service, your only right is to terminate your use of the Service.

13. GOVERNING LAW

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

14. IF YOU DOWNLOAD THE APP FROM THE APP STORE

You acknowledge that these Terms are between you and Astari only, not with Apple, and Apple is not responsible for the Service or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Service to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If Astari provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.

15. IF YOU DOWNLOAD THE APP FROM THE GOOGLE PLAY STORE

The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Astari only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Astari, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Astari’s Google-Sourced Software.

16. MISCELLENIOUS

16.1. Any headings, section titles, or captions contained in these Terms are provided solely for convenience and do not affect the interpretation or meaning of any provision herein.

16.2. These Terms represent the entire agreement between you and us with respect to your use of the Services and supersede any prior agreements or understandings, whether written or oral, relating to such subject matter. No joint venture, partnership, employment, or agency relationship is created between you and us by your use of the Services or by these Terms.

16.3. You may not assign, delegate, or transfer your rights or obligations under these Terms without our prior written consent. We reserve the right, at our sole discretion, to assign or transfer any or all of our rights under these Terms, and to delegate or subcontract our obligations, including through third-party service providers, without restriction.

16.4. No waiver by either party of any breach, default, or right under these Terms shall be effective unless made in writing and signed by the waiving party. A waiver of any one provision or breach shall not constitute a waiver of any other or subsequent provision or breach.

16.5. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the parties agree that such court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all remaining provisions shall remain in full force and effect.

16.6. Failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.7. Any notices required or permitted under these Terms may be delivered by email, postal mail, or by posting within or alongside the Services. Notices shall be deemed received: (i) forty-eight (48) hours after being sent via email or standard mail, unless we are notified that the message was not delivered; or (ii) twenty-four (24) hours after being posted within the Services. We are not responsible for notices not received due to outdated contact information or your email system filtering (e.g., spam or junk folder).

16.8. For users from California: Section 1542 waiver. You also acknowledge that you have read and understand Section 1542 of the California Civil Code which reads as follows: “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 ad that if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to any claims you may have against the Releasees.

16.9. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

17. CONTACT US

Should You have any questions concerning this Agreement, contact Us at:

Grifalop Limited

705, Spyrou Araouzou & Koumantarias, Fayza House, 5th floor, office No.: 2, 3036, Limassol, Cyprus

support@grifaloplimited.com