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SAVVA TERMS OF SERVICE

Last Updated: February 23, 2025

1. Your Acceptance

Welcome to the Terms of Service for Savva. This is an agreement (“Agreement”) between Vircode, Inc. (“Savva"), the owner and operator of the https://www.savva.ai website, the Savva mobile application, associated software, and any other products or services (collectively the “Platform”) and you (“you”, “your” or “user(s)”), a user of the Platform.

Please be aware that there are ARBITRATION , AND CLASS ACTION PROVISIONS contained in this Agreement.

Throughout this Agreement, the words “Savva,” “us,” “we,” and “our,” refer to our company, Vircode, Inc. as is appropriate in the context of the use of the words.

This Agreement includes a Privacy Policy that can be found at https://www.savva.ai/legal/privacy (“Privacy Policy”), which is incorporated as a part of this Agreement. You should carefully review the Privacy Policy. By clicking “I agree” or accessing the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend this Agreement (including separately amending the Privacy Policy at times that this main body of the Agreement is not amended) at any time and may notify you if we do so.

2. Information Submission and Accounts

Users may access the Platform as permitted by us. Where required, users may be required to link their information from an existing Electronic Health Records (“EHR”) system or other existing databases that store your information. Your linked information will be collected, processed, and disclosed in accordance with our Privacy Policy. You are required to provide truthful, up-to-date, and accurate information. We reserve the right to deny, delete, suspend, or restrict your account at our discretion. You agree to notify Savva immediately of any unauthorized use of the Platform using your credentials.

3. Services and Platform

The Platform assists you in managing and tracking your measurable health and fitness and may provide services for you to manage and aggregate your information, which may be stored on third party systems or databases. In making the Platform available, Savva does not endorse, recommend, verify, or warrant any content and does not guarantee any results from your use of the Platform. We do not verify any information submitted to the Platform and we do not make any representations or warranties as to the quality of any information or any results from any services used on the Platform. You may use the Platform solely as permitted and provided for by Savva and in compliance with all applicable laws. Please be aware that all portions of the Platform are offered on an “as is” basis and Savva makes no representations or warranties regarding any portion of the Platform. Savva reserves the right to modify, change, and/or discontinue any and all portions of the Platform at any time and may also remove or add features or functionality at its sole discretion.

4. Savva Content

The Platform and any related services provided are owned and operated by Savva including all text, data, scores, calculations, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software and all other content or any description available on the Platform (collectively, the “Savva Content”). The Savva Content is the sole property of Savva and/or its licensors. All Savva Content is protected by United States and international copyright, trademark, service marks, patents, trade secrets and other proprietary rights and laws. Please be aware that Savva Content may be inaccurate, untimely, or contain errors. You solely are responsible for your use of any Savva Content and you agree to release us from any liability related to your use of any Savva Content. THE SAVVA CONTENT, ANY INFORMATION FOUND ON THE PLATFORM, OR ANY PRODUCTS PURCHASED ARE FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT TO BE CONSIDERED MEDICAL ADVICE, HEALTH ADVICE, OR A DIAGNOSIS.  You agree that any Savva Content must be used in consultation with a licensed medical or health professional. Do not take any actions or refrain from taking actions based on any information found on the Platform. Use of the Savva Content for any purpose not expressly permitted in this Agreement or otherwise consented to by Savva is prohibited. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Savva Content.

5. No Medical Advice

SAVVA DOES NOT AND DOES NOT INTEND TO PROVIDE MEDICAL EVALUATION OR MEDICAL SERVICES OR MEDICAL OPINION OR ACT IN ANY MANNER AS A PHYSICIAN, OR MEDICAL CORPORATION, AND HAS NO RESPONSIBILITY OR LIABILITY FOR YOUR USE OF THE PLATFORM. ANY CONTENT ENCOUNTERED ON THE SAVVA PLATFORM IS NOT A SUBSTITUTE FOR IN-PERSON PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY ANY INFORMATION FOUND ON THE PLATFORM IS SOLELY AT YOUR OWN RISK . ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT PLAN. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON OR THROUGH THE PLATFORM. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT DELAY RECEIVING TREATMENT FOR ANY HEALTH OR MEDICAL ISSUES DUE TO ANY INFORMATION FOUND ON OUR PLATFORM. Savva shall have no liability, obligation, or responsibility to any person or entity for any loss, damage, or adverse consequences alleged to have happened directly or indirectly as a consequence of any content or information encountered on this Platform.

6. Privacy

Please read Savva’s Privacy Policy for more information regarding our collection and use of your information. The Savva Privacy Policy is integrated into this Agreement by reference and you must agree to all provisions of our Privacy Policy before using our Platform or purchasing any products. You may not be required to create a user account when you use our Platform; however, we may collect information from you when you decide to order any products via the Platform.

7. Platform Availability and Modification

Although we will attempt to provide continuous Platform availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security, intellectual property, legal, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, intellectual property, legal, or other reasons.

8. Third Party Content and Links

Savva does not endorse or warrant any Third-Party Content, including but not limited to websites, software, or other external services (collectively “Third-Party Content”) including any of your information stored on an EHR system. Users are responsible for evaluating and assuming risks when accessing or using any Third-Party Content through the Platform. Savva assumes no liability for inaccuracies, errors, or issues in any Third-Party Content or for any claims or damages resulting from its use. The Platform may include links or connections to third-party websites or services, provided as a convenience, but Savva does not control or take responsibility for these third-party sites or services. Users must review the terms and policies of any third-party services they use and acknowledge that their use is at their own risk. Through the Platform, users may connect to third-party software (“Third-Party Software”) that may provide additional services, such as summaries or annotations. Savva does not endorse or warrant any Third-Party Software, and users access such software solely at their own risk. Third parties are responsible for any claims or offerings associated with their software. Any issues with the transmission, processing, or storage of User Content by any Third-Party Software are solely between the user and the third party. Savva is not responsible for connectivity issues related to Third-Party Software and the Platform. If Savva determines any misuse of third-party content or services, we may restrict or terminate user access at our discretion.

9. Your Conduct While Using The Platform

When accessing or using our Platform, you are solely responsible for your actions and you agree to abide by the following rules of conduct:

  • You will not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
  • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of the Platform;
  • You will not access or attempt to access our backend infrastructure or to circumvent our technical controls through alternative means not permitted by us, you may only access the Platform as permitted;
  • You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
  • You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract or export data collected through the Platform;
  • You will not take any action that imposes or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You agree not to use the Platform to stalk, harass, bully or harm another individual;
  • You agree that you will not hold Savva responsible for your use of the Platform;
  • You agree not to violate any requirements, procedures, policies or regulations of networks connected to Savva;
  • You agree not to interfere with or disrupt the Platform;
  • You agree not to violate any US federal laws, state laws, or local laws while using the Platform; and
  • You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Savva reserves the right to suspend or terminate your access at any time without notice or explanation.

10. Intellectual Property

The name “Savva,” the design of the Savva Platform along with Savva created products, text, writings, images, templates, scripts, graphics, interactive features, marks, and logos contained therein (“Marks”), are owned by or licensed to Savva. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Savva reserves all rights to the Marks not expressly granted.

11. User Content

A user’s ability to submit or transmit any information through the Platform, including but not limited to text, information, data, readings, recordings, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Platform will be owned by you, the user. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. Savva does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect. When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted. When you submit any User Content to us, you grant Savva, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, and otherwise use and reuse all or part of your User Content in any way we see fit, for commercial or non-commercial use. It is important for you to grant us this license so that we may transmit your User Content to other users through our Platform. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata, and images that are used to render your User Content through our Platform.

12. Results Generated

By submitting your User Content, Savva may use such User Content to create data displays, scoring or other readouts (“Readings” which is considered Savva Content). Savva is not responsible for any errors with such Readings. Savva makes no effort to review the Readings for any other purpose, including, but not limited to, accuracy, legality or non-infringement. Savva cannot guarantee or assume responsibility for the completeness, timeliness, accuracy, relevance, deletion or non-delivery of any Readings Savva is not responsible for any information or results generated via the Platform including any Readings. User understands and agrees that all results generated by the Platform are dependent on the information contained in any User Content submitted or transmitted and you are solely responsible for that information. THE READINGS ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT MEDICAL ADVICE OR DIAGNOSIS. THE USER AGREES TO HOLD SAVVA FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE PLATFORM OR RESULTS GENERATED INCLUDING ANY READINGS. SAVVA WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM.

13. Third Party App Stores

This Agreement is entered solely into between you and Savva., owner and operator of Savva Platform. Although our Platform may be available for download in the Google Play Store (“Google”) or the iTunes Store (“Apple”), neither Google nor Apple are a party to this Agreement and shall have no obligations with respect to the Savva Application. Savva is solely responsible for the Savva Platform and Savva Content. However, Google and Apple are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple or Google shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement (or similar agreement) published by Apple and Google, for purposes of which, you are “the end-user.” In the event of a conflict in the Terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.

14. Orders and Payment

Savva may allow you to purchase items, services, or subscriptions through our Platform or via your account with any Third Party App Store (defined below). Where making a purchase you will be prompted to input your payment information through Google or Apple or pay through a third-party payment portal. You agree that we may charge the full amount listed at checkout to your credit card or other payment method listed including taxes and other fees. Your payment information will be shared with our third party payment processor. By purchasing anything from our Platform you also agree to the payment terms of our third party payment processor including any Third Party App Store payment terms. Please be aware that all payment information will be stored and secured by the payment processor and not us.

15. Refunds

At Savva we want you to be satisfied with your purchases; however as most of the products offered are digital in nature we cannot offer any refunds at this time. If you feel that you are entitled to a refund for any reason please contact us, we reserve the full right and discretion in granting any refunds.

16. Chargebacks

If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law. We will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.

17. Credit Card Declines

Where your credit card or other payment method has been declined after our products have been provided to you, you agree that we may resubmit your charge until such charge is fully paid, whether the charge is made as one additional charge or as installments.

18. Digital Download Purchases

For any Savva Content that is digitally downloadable or accessible after purchase through the Platform the following conditions shall apply. For each digital download purchase you are granted a limited, non-assignable, non-sublicensable, revocable, terminable, non-exclusive worldwide license to use such digital download purchase for your own personal educational use. If you access any Savva Content through our Platform, we provide you with the same rights to access such content as the license above. You do not receive any ownership interest to any digital download or any other purchased Savva Content. You receive merely the license granted. Please be aware that some purchases may expire and after such expiration you will be required to purchase an extension or repurchase. Where any purchase has expired, we are not required to offer the same purchase or pricing terms as previously offered to you.

19. Taxes

Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes owed, including, but not limited to, sales tax.

20. Limitation of Liability; Representations and Warranties

USE OF THIS PLATFORM INCLUDING ANY SERVICES PROVIDED, THE SAVVA CONTENT, AND ALL PRODUCTS AND ITEMS PURCHASED, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU. A. EXCEPT FOR ANY WARRANTIES AS EXPRESSLY PROVIDED WITHIN THIS AGREEMENT, THE PLATFORM, ANY SERVICES, AND ALL PRODUCTS SOLD ON THE PLATFORM ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. B. SAVVA DOES NOT WARRANT THAT THE PLATFORM, ANY SERVICES OFFERED, OR ANY PRODUCTS OR SUBSCRIPTIONS SOLD WILL BE: (1) UNINTERRUPTED OR ERROR FREE; (2) FREE FROM DEFECTS OR ERRORS; (3) FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) BE ACCURATE, FUNCTIONAL, OR RELIABLE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE PLATFORM, OUR SERVICES, SUBSCRIPTIONS, AND OUR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAVVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW US TO EXCLUDE ALL LIABILITY, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED THE TOTAL AMOUNT YOU HAVE SPENT ON YOUR PURCHASES VIA THE PLATFORM OR ONE HUNDRED US DOLLARS ($100 USD), WHICHEVER IS GREATER. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY SAVVA’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, OR EMPLOYEES; (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.

21. RELEASE

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, FLORIDA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF FLORIDA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE FLORIDA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED. YOU RELEASE US FROM ANY LIABILITY (INCLUDING LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY, INCLUDING DEATH), RELATING TO ANY SAVVA CONTENT, OUR SERVICES, AND PRODUCTS SOLD, AND YOU RELEASE US, OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, AND EMPLOYEES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY PRODUCTS PURCHASED OR ANY CLAIM YOU HAVE AGAINST US. YOU UNDERSTAND THAT THE USE OF SOME PRODUCTS PURCHASED INVOLVES CERTAIN RISKS, HAZARDS, AND DANGERS, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, THE RISK OF BODILY INJURY, PROPERTY DAMAGE, AND DEATH. YOU AGREE THAT YOU HAVE VOLUNTARILY CHOSEN TO PARTICIPATE IN AND USE THE PRODUCTS SOLD, KNOWING THE RISKS INVOLVED.

22. Indemnity

You agree to defend, indemnify, and hold harmless Savva, its officers, directors, agents, affiliates, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:  Your use of any Savva products, subscriptions, and services;  Your violation of any term of this Agreement; and  Your use of the Savva Platform. This defense and indemnification obligation will survive the termination or expiration of this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

23. Takedown Notice

Takedown Notice We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains: ● Your name. ● The name of the party whose copyright has been infringed, if different from your name. ● The name and description of the work that is being infringed. ● The location on our Platform of the infringing copy. ● A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. ● A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use. You must sign this notification and send it to our Copyright Agent: Copyright Agent of Savva, support@savva.ai or Savva, 4581 WESTON RD, PMB# 141 WESTON, FL 33331 . Counter Notice In the event that you receive a notification from Savva stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following: ● Your name, address, email and physical or electronic signature. ● The notification reference number (if applicable). ● Identification of the material and its location before it was removed. ● A statement under penalty of perjury that the material was removed by mistake or misidentification. ● Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the US). ● Your consent to accept service of process from the party who submitted the takedown notice. Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to: support@savva.ai or Savva, 4581 WESTON RD, PMB# 141 WESTON, FL 33331

24. Choice of Law

This Agreement shall be governed by the laws in force in the state of Florida. The offer and acceptance of this contract is deemed to have occurred in the state of Florida.

25. Forum

By using this Platform, you agree that: (1) any claim, dispute, or controversy you may have against us, Savva or the Platform arising out of, relating to, or connected in any way with this Agreement or any products purchased shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Consumer Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in Weston, FL; (3) the arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Savva ’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible and allowed for under the AAA Rules and Procedures, both parties shall be entitled to appear using written briefs, electronically or telephonically for all proceedings; and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by the AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Savva shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, users may visit the AAA website at http://www.adr.org. This arbitration agreement does not apply to any intellectual property infringement claims or any claims that require injunctive relief all such claims shall be heard in a court of competent jurisdiction located within Broward County, FL.

26. Arbitration Opt Out

You may opt-out of the arbitration dispute resolution provision set forth in Section 25 by notifying Savva within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to Savva, 4581 WESTON RD, PMB# 141 WESTON, FL 33331 , United States of America, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Savva through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Broward County, FL.

27. Class Action and Jury Waiver

BY ENTERING INTO THIS AGREEMENT, YOU AND SAVVA ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND SAVVA BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND SAVVA BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

28. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, pandemic, or any other event beyond our control.

29. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with Savva are deemed to conflict with each other’s operation, you agree that Savva shall have the sole right to elect which provision remains in force.

30. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as a waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

31. Survival

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licensing, ownership provisions, warranty disclaimers, indemnity, class action, arbitration, and limitations of liability. You agree that we are not required to provide you with access to our Platform and may terminate our Platform at any time and for any reason.

32. Termination

We may terminate your access to the Platform or this Agreement if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated this Agreement or any other of our Platform policies; or (3) if we believe that any of your actions may harm the Savva Platform, our business interests, or any third party, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so. You may terminate your account by contacting us at support@savva.ai, please be aware that upon account termination portions of the Platform may become immediately unavailable.

33. Age

All users who access the Platform must be eighteen (18) years of age or older. In order to purchase anything from the Platform you must be eighteen (18) years of age or older.

34. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

35. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.

36. Electronic Communications

The communications between you and Savva use electronic means, whether you visit the Platform or send Savva e-mails, or whether Savva posts notices on the Platform or communicates with you via e-mail. For contractual purposes, you: (1) consent to receive communications from Savva in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Savva provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

37. Third Party App Stores

The following terms apply when you download a copy of our Platform from a third party application store such as the Apple iTunes/App Store or Google Play (each an “Third Party App Store”) to access the Platform: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable Third Party App Store’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in this Agreement or as otherwise required under applicable law, and you acknowledge that each Third Party App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable Third Party App Store, and the Third Party App Store, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the Third Party App Store will have no other warranty obligation whatsoever with respect to the mobile application; (4) you 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; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the Third Party App Stores are third-party beneficiaries of the terms and conditions in this mobile application license contained in this Agreement, and that each Third Party App Store will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in this Agreement Use against you as a third-party beneficiary thereof.

38. Export Controls

You represent and warrant that: (1) you are not located in a country that is subject to a U.S., E.U., or U.K. government embargo, that has been designated by the U.S. government as a “terrorist supporting” country, or listed within a “Do Not Export” list; and (2) you are not listed on any U.S. government list of prohibited or restricted parties.

39. California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Savva must be sent to Savva, 4581 WESTON RD, PMB# 141 WESTON, FL 33331, or via email: support@savva.ai Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.