Terms of Use

Effective Date: Jan 24, 2023

You must read and agree to our Terms of Use (the “Agreement”) because it forms the binding contract between you and Oscar Ożóg GinaLabs.

These Terms of Use are between you and:

Oscar Ożóg

Warsaw

POLAND

The terms (“us”, “we”, “our”, “Company” or “GinaLabs”) refer to GinaLabs.

1. ACCEPTANCE OF Terms OF USE AGREEMENT.

By creating a GinaLabs Account and/or purchasing our products and/or services, whether through a mobile device, mobile application or computer (collectively, the “service”) you agree to be bound by (i) these Terms of Use, (ii) our privacy policy and Cookies Policy, each of which is incorporated by reference into this agreement, and (iii) any Terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the Terms of this Agreement, please do not use the Service.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service, and you should regularly check for the most recent version. The most recent version is the version that applies. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.

2. ELIGIBILITY.

You must be at least 18 years of age to create an Account and use the Service. By creating an Account and using the Service, you represent and warrant that:

  • You can form a binding contract with GinaLabs,
  • You are not a person who is barred from using the Service under the laws of the UK or any other applicable jurisdiction,
  • You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

3. ELECTRONIC CONSENT.

Electronic signature consent: you agree that your “Electronic Signature” is the legal equivalent of your manual signature for this Agreement, thereby indicating your consent to do business electronically. By clicking on the applicable button in the Service, you will be deemed to have executed these Agreements electronically via your Electronic Signature with GinaLabs; effective on the date you first click to accept these Agreements.

Electronic delivery of communications: you agree to receive communications from GinaLabs in electronic form. Such electronic communications may include, but will not be limited to, any and all current and future notices and/or disclosures that various laws or regulations require that we provide to you, as well as such other documents, statements, data, records, and any other communications regarding your relationship with us.

You accept that the electronic documents, files, and associated records provided via your Account with Service are reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and you acknowledge and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep. GinaLabs reserves the right to require ink signatures on hard copy documents from the related parties, at any time.

4. YOUR ACCOUNT.

In order to use the Service, you may sign in using your Facebook login. If you do so, you authorize us to access and use certain Facebook Account information, including but not limited to your public Facebook profile and information about Facebook friends you share in common with other GinaLabs users who have given Facebook or GinaLabs permission to use their personal information. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of the login credentials you use to sign up for GinaLabs, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your Account, please immediately contact us.

5. MODIFYING THE SERVICE AND TERMINATION.

GinaLabs is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as modify or remove some features, at any time and at our sole and final discretion. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your Account with 1 month’s notice to the end of a month, for any reason, by following the instructions in “settings” in the Service, however, if you use a third-party payment Account, you will need to manage purchases through such Account to avoid additional billing. GinaLabs may terminate your Account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your Account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and GinaLabs: section 5, section 6, and Sections 13 through 19.

6. YOUR DATA.

If you wish to purchase any product or Service made available through the Service (“purchases”), you may be asked to supply certain information relevant to your purchases including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that:
(i) You have the legal right to use any credit card(s) or other Payment Method(s) in connection with any purchases; and that
(ii) the information you supply to us is true, correct, and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases.

7. RIGHTS GURION GRANTS YOU.

GinaLabs grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by GinaLabs and permitted by this Agreement. Therefore, you agree not to:

  • Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, Service marks, or other intellectual property, Content, or proprietary information accessible through the Service without GinaLabs prior written consent.
  • Express or imply that any statements you make are endorsed by GinaLabs.
  • Use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy, or other manual or automatic device, method, or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its Contents.
  • Use the Service in any way that could interfere with, disrupt, or negatively affect the Service or the servers or networks connected to the Service.
  • Upload viruses or other malicious code or otherwise compromise the security of the Service.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
  • “frame” or “mirror” any part of the Service without GinaLabs prior written authorization.
  • Use meta tags or code or other devices containing any reference to GinaLabs or the Service (or any trademark, trade name, Service mark, logo, or slogan of GinaLabs) to direct any person to any other website for any purpose.
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service, or cause others to do so.
  • Use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
  • Use, access, or publish the GinaLabs application programming interface without our written consent.
  • Probe, scan, or test the vulnerability of our Service or any system or network.
  • Encourage or promote any activity that violates this Agreement.

The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your Account.

8. RIGHTS YOU GRANT GURION.

By creating an Account, you grant GinaLabs a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute the information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). GinaLabs license to your Content shall be non-exclusive, except that GinaLabs license shall be exclusive with respect to derivative works created through the use of the Service. For example, GinaLabs would have an exclusive license to screenshots of the Service that include your Content. In addition, so that GinaLabs can prevent the use of your Content outside of the Service, you authorize GinaLabs to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other GinaLabs users).

You agree that all information that you submit upon creation of your Account, including information submitted from your Facebook Account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to GinaLabs above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your Account.

You understand and agree that we may use any personal information which we hold about you, for the purposes of credit control, legal regulation, and market research purposes and to inform you about our Service, legal developments, and training sessions or events which we believe may be of interest to you.

In consideration of GinaLabs allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to GinaLabs regarding our Services, you agree that GinaLabs may use and share such feedback for any purpose without compensating you.

Please be informed that GinaLabs may access, store, and disclose your Account information and Content if required to do so by law, by performing its Agreement with you, or in a good faith belief that such access, storage, or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer Service; or (v) protect the rights, property or personal safety of the Company or any other person.

9. COMMUNITY RULES.

By using the Service, you agree that you will not:

  • Use the Service for any purpose that is illegal or prohibited by this Agreement.
  • Use the Service for any harmful or nefarious purpose
  • Use the Service in order to damage GinaLabs
  • Spam, solicit money from, or defraud any users.
  • Post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contract rights.
  • Post any Content that is hate speech, threatening, sexually explicit, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • Post any Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
  • Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
  • Use another user’s Account, share an Account with another user, or maintain more than one Account.
  • Create another Account if we have already terminated your Account unless you have our permission.

GinaLabs reserves the right to investigate and/or terminate your Account without a refund of any purchases if you have violated this Agreement, misused the Service, or behaved in a way that GinaLabs regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

10. OTHER USERS’ CONTENT.

Although GinaLabs reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and GinaLabs cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our contact page.

11. PURCHASES.

Generally, GinaLabs may offer products and Services for purchase (“purchases”) through iTunes, Google Play, carrier billing, GinaLabs direct billing, or other payment platforms authorized by GinaLabs. We require cash payment in advance before providing any goods or Services via our accepted Payment Methods only. If you choose to make purchases, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third-party Account such as Google Play or iTunes) (your “Payment Method”) will be charged for the purchases at the prices displayed to you for the Service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize GinaLabs or the third party Account, as applicable, to charge you.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

If you purchase an auto-recurring periodic subscription through purchases, your Account will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.

Auto-Renewal; Automatic Card Payment

Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed in advance within 24 hours of the date of the initial purchase at the price you agreed to when initially subscribing. Your card payment information will be stored and subsequently used for the Automatic Card Payments in accordance with the Agreement.

After each payment, you will receive a receipt by email. Objections to a payment already made should be directed to customer support if you were billed directly by GinaLabs or the relevant third-party Account. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits.

You may unconditionally withdraw your consent to Automatic Card Payments at any time by going to settings on GinaLabs or the relevant third-party Account but be advised that you are still obligated to pay any outstanding amounts.

If you want to change or terminate your subscription, you will need to log in to your third-party Account (or Account settings on GinaLabs) and follow instructions to terminate or cancel your subscription, even if you have otherwise deleted your Account with us or if you have deleted the GinaLabs application from your device. Deleting your Account on GinaLabs or deleting the GinaLabs application from your device does not terminate or cancel your subscription; GinaLabs will retain all funds charged to your Payment Method until you terminate or cancel your subscription on GinaLabs or the third-party Account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

Additional Terms that apply if you pay GinaLabs directly with your Payment Method.

If you pay GinaLabs directly, GinaLabs may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, GinaLabs may terminate your Account immediately at its sole discretion.

You may edit your Payment Method information by visiting Service and going to “my profile.” If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The Terms of your payment will be based on your Payment Method and may be determined by Agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.

Virtual items. From time to time, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items,” (collectively, “virtual items”). Any virtual item balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual items do not incur fees for non-use, however, the license granted to you in virtual items will terminate in accordance with the Terms of this Agreement, when GinaLabs ceases providing the Service or your Account is otherwise closed or terminated. GinaLabs, in its sole discretion, reserves the right to charge fees for the right to access or use virtual items and/ or may distribute virtual items with or without charge. GinaLabs may manage, regulate, control, modify, or eliminate virtual items at any time. GinaLabs shall have no liability to you or any third party in the event that GinaLabs exercises any such rights. Virtual items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of virtual items for use in the Service is a Service that commences immediately upon the acceptance of your purchase of such virtual items. YOU ACKNOWLEDGE THAT GURION IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF VIRTUAL ITEMS FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

Purchases of virtual items are FINAL AND NON-REFUNDABLE.

To request a refund:
if you subscribed using your Apple ID, refunds are handled by Apple, not GinaLabs. To request a refund, go to iTunes.

If you subscribed using your Google Play Store Account or through GinaLabs directly: please contact customer support with your order number for the Google Play Store or GinaLabs (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or telephone number associated with your Account along with your order number. This notice shall be sent to: GinaLabs, attn: cancellations, UK.

Consequences of cancellation: if you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such a refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.

The exception to the right of cancellation: you cannot cancel an order for delivery of digital Content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgment that you will thereby lose your right of cancellation. That means that such purchases are FINAL AND NON-REFUNDABLE.

Fee changes: GinaLabs in its sole discretion and at any time, may modify the subscription fees for the subscriptions. Any subscription fee change will become effective at the end of the then-current Payment Method. GinaLabs will provide notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Service after the subscription fee change comes into effect constitutes your Agreement to pay the modified subscription fee amount.

12. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
  • Your contact information, including address, telephone number and email address;
  • A written 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; and
  • 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.

Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to copyright@gurion.io, or via mail to the following address:

Copyright compliance department GinaLabs, Poland.

GinaLabs will terminate the Accounts of repeat infringers.

13. DISCLAIMERS.

GURION PROVIDES THE SERVICE ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GURION DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE HELD LIABLE FOR ANY DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) ARISING OUT FROM THE USE OF OUR COMPANY WEBSITE OR ANY CONTENTS THAT ARE INCLUDED OR CHANGED FROM TIME TO TIME, NOR SHALL OUR EMPLOYEES OR DIRECTORS OR OTHER ASSIGNED REPRESENTATIVES BE SO LIABLE.

IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT THE SERVICE MEETS YOUR SPECIFIC REQUIREMENTS.

GURION TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

U.S. GOVERNMENT REQUIRED DISCLAIMER – TRADING FOREIGN EXCHANGE ON MARGIN CARRIES A HIGH LEVEL OF RISK, AND MAY NOT BE SUITABLE FOR ALL INVESTORS. THE HIGH DEGREE OF LEVERAGE CAN WORK AGAINST YOU AS WELL AS FOR YOU. BEFORE DECIDING TO INVEST IN FOREIGN EXCHANGE YOU SHOULD CAREFULLY CONSIDER YOUR INVESTMENT OBJECTIVES, LEVEL OF EXPERIENCE, AND RISK APPETITE. THE POSSIBILITY EXISTS THAT YOU COULD SUSTAIN A LOSS OF SOME OR ALL OF YOUR INITIAL INVESTMENT AND THEREFORE YOU SHOULD NOT INVEST MONEY THAT YOU CANNOT AFFORD TO LOSE. YOU SHOULD BE AWARE OF ALL THE RISKS ASSOCIATED WITH FOREIGN EXCHANGE TRADING, AND SEEK ADVICE FROM AN INDEPENDENT FINANCIAL ADVISOR IF YOU HAVE ANY DOUBTS. CLEARLY UNDERSTAND THIS: INFORMATION CONTAINED WITHIN THIS COURSE IS NOT AN INVITATION TO TRADE ANY SPECIFIC INVESTMENTS. TRADING REQUIRES RISKING MONEY IN PURSUIT OF FUTURE GAIN. THAT IS YOUR DECISION. DO NOT RISK ANY MONEY YOU CANNOT AFFORD TO LOSE. THIS DOCUMENT DOES NOT TAKE INTO ACCOUNT YOUR OWN INDIVIDUAL FINANCIAL AND PERSONAL CIRCUMSTANCES. IT IS INTENDED FOR EDUCATIONAL PURPOSES ONLY AND NOT AS INDIVIDUAL INVESTMENT ADVICE. DO NOT ACT ON THIS WITHOUT ADVICE FROM YOUR INVESTMENT PROFESSIONAL, WHO WILL VERIFY WHAT IS SUITABLE FOR YOUR PARTICULAR NEEDS & CIRCUMSTANCES. FAILURE TO SEEK DETAILED PROFESSIONAL PERSONALLY TAILORED ADVICE PRIOR TO ACTING COULD LEAD TO YOU ACTING CONTRARY TO YOUR OWN BEST INTERESTS & COULD LEAD TO LOSSES OF CAPITAL.

CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.

WITH THE PURCHASE OF OUR SOFTWARE, YOU AGREE THAT YOU WERE INFORMED BY US EXPRESSLY ABOUT THE RISKS. WE RECOMMEND TO ALWAYS TEST THE SOFTWARE BEFOREHAND ON A DEMO ACCOUNT AND AFTERWARDS, YOU SHOULD DECIDE WHETHER THE SOFTWARE SHOULD BE USED WITH A REAL ACCOUNT. YOU ACKNOWLEDGE THAT YOU ARE FAMILIAR WITH THESE RISKS AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE OUTCOMES OF YOUR DECISIONS. WE ACCEPT NO LIABILITY WHATSOEVER FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL LOSS ARISING FROM THE USE OF OUR SERVICE. IT’S TO BE NOTED CAREFULLY IN THIS RESPECT, THAT PAST RESULTS ARE NOT NECESSARILY INDICATIVE OF FUTURE PERFORMANCE.

14. THIRD PARTY SERVICES.

The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. GinaLabs is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s Terms will govern their relationship with you. GinaLabs is not responsible or liable for such third parties’ terms or actions.

15. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GURION, NOR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF MONEY AND/OR PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF GURION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GURION’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO GURION FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

16. NO WARRANTY.

NEITHER GURION, NOR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AND AGENTS WARRANTEE THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR PRODUCE ANY PARTICULAR RESULTS; OR THAT ANY LISTING, PURCHASE, ORDER, AMOUNT, INFORMATION, GUIDE, SHEET, CHECKLIST AND/OR CONTENT WILL BE CURRENT, MEASURED USEFUL AND/OR VALID, OR THAT IT WILL PRODUCE ANY PARTICULAR RESULTS OR THAT THE INFORMATION OBTAINED THEREFROM WILL BE RELIABLE OR ACCURATE. NO ADVICE OR INFORMATION GIVEN BY GURION OR ITS EMPLOYEES, AFFILIATES, CONTRACTORS, AND/OR AGENTS SHALL CREATE A GUARANTEE.

NEITHER GURION NOR ITS AFFILIATES, LICENSORS, OWNERS, SUBSIDIARIES, BRANDS, OR ADVERTISERS ARE A PROFESSIONAL ADVISOR IN ANY INDUSTRY. THE RESULTS DESCRIBED IN THE SERVICE ARE NOT TYPICAL AND WILL VARY BASED ON A VARIETY OF FACTORS OUTSIDE THE CONTROL OF THE COMPANY. YOUR USE OF SERVICE IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE HELD LIABLE.

17. JURISDICTION.

All claims arising out of or relating to this Agreement, to the Service, or to your relationship with GinaLabs shall be concluded in the English language and litigated exclusively by English law and subject to the exclusive jurisdiction of the English courts.

18. INDEMNITY BY YOU.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless GinaLabs, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

19. ENTIRE AGREEMENT; OTHER.

You may not assign or transfer these Agreements by operation of law or otherwise without our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder to any current or future affiliated Company and to any successor in interest. Any rights not expressly granted herein are hereby reserved. These Terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of the Company’s assets in connection with a merger, acquisition, reorganization, or sale of assets or in the event of bankruptcy.

This Agreement, with the Privacy Policy, the Cookies Policy, and any Terms disclosed and agreed to by you if you purchase additional features, products, or Services we offer on the Service, contains the entire Agreement between you and GinaLabs regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

You agree that your GinaLabs Account is non-transferable and all of your rights to your Account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary, or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind GinaLabs in any manner.

All legal notices or demands to or upon the Company shall be concluded in the English language and shall be made in writing and sent to the Company personally, by courier, certified mail, and shall be delivered to any address the Company may provide. For communications by e-mail, the date of receipt will be the one in which a confirmation receipt notice is obtained.

For any inquiries or complaints regarding the Service, please contact me by email at official.ginalabs@gmail.com.

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