(Effective as of 23 December 2019)
Valuu Analytics S.à r.l. (hereinafter referred to as “Valuu.io”, “we”, “our”, “us”, or “Operator”) aggregates and provides information regarding publicly traded companies, in combination with analysis tools, as well as other products and services that may be developed over time. Our registered office is at 9 rue du Laboratoire, L-1911 Luxembourg City, Luxembourg. Business Register: B234196 – VAT ID: LU31213815.
You are entering into a binding contract with Valuu.io by creating an account or otherwise using any of our services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively referred to as “Service”), or accessing any other content or material that is made available through the Service (the “Content”). Your agreement with us includes these Terms of Service and any additional terms that you agree to (collectively, the “Agreements”). The current effective version of the Agreements can be found on our website (https://valuu.io). You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. In case you do not agree with or cannot comply with the Agreements, then you may not use our Service or access any Content.
You confirm that any registration details that you provide to Valuu.io are true, accurate, and complete, and you agree to maintain them that way. In order to use the Service and access any Content, you need to be of adult age under applicable law and have the power to enter a binding contract with us.
Changes to the Agreements
From time to time we may make changes to the Agreements with effect in the future to reflect improvements or extensions to our Service and provided it is reasonable for you. If no explicit consent is obtained from you to adapt the changed Agreements, you will be notified by Valuu.io of any changes to the Agreements in a timely manner (at least four weeks before the amended Agreements enter into force). To this end, we will send you the new version of the Agreements to the e-mail address specified by you in the registration. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by following the procedures described in the notification.
Details of our Service options are available on our website (https://valuu.io). We will explain which Service options are available to you when you create an account. Certain options are provided to you free-of-charge (“Free Service”). Other options require payment before you can access them (“Subscriptions”). We may also offer special promotional plans or services, including offerings of third-party products and services in conjunction with or through our Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.
In case you are using a discount code (“Code”) to subscribe to our Service, there may be separate terms and conditions provided to you along with the Code and you agree to comply with any such terms and conditions.
From time to time we may offer trials of Subscriptions for a specified period without payment or at a reduced rate (“Trial”). Valuu.io may determine your eligibility for a Trial and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.
For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Subscription on the first day following the end of the Trial on a recurring monthly or annual basis (according to your selected interval when starting the subscription). IF YOU DO NOT WISH TO CONTINUE THE SUBSCRIPTION AND THE CHARGE ASSOCIATED WITH IT, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION BEFORE THE END OF THE TRIAL FOR EXAMPLE, BY SUBMITTING A CANCELLATION REQUEST THROUGH YOUR ACCOUNT SETTINGS.
You may purchase a Subscription by paying a subscription fee in advance on a monthly or annual basis as disclosed to you prior to your purchase.
Valuu.io may change the price for the Subscriptions, including recurring subscription fees, from time to time and will communicate any price changes to you in advance. If applicable, we will let you know how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use our Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by cancelling from the Subscription prior to the price change going into effect.
If you are a consumer (i.e. a person completing the legal transaction for purposes that can be predominantly attributed to neither their commercial nor their independent professional activity), you are entitled to a withdrawal right when executing a distance selling agreement, about which Valuu.io informs you as per the requirement of the statutory model. Your rights as a consumer are to withdraw from your purchase for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service.
In order to make use of your withdrawal rights, you may use the sample form below:
Valuu Analytics Sàrl
9, rue du Laboratoire
I hereby revoke the Agreement executed by me relating to the purchase of the following products / the following service: __________
– Ordered on __________
– Consumer name(s) __________
– Consumer address __________
– Consumer signature (if notification is on paper) __________
– Date __________
Renewal & Cancellation
Your Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Subscription before the end of the then-current subscription period in your user account settings. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. If you cancel your payment or Subscription and/or terminate any of the Agreements after your withdrawal right is expired (where applicable), or before the end of the current subscription period, we will not refund any subscription fees already paid to us. When we process any refund, we will refund amounts using the method you used for payment.
Using our service
Our Service and the Content are the property of Valuu.io or its licensors. We grant you limited, non-exclusive, revocable permission to make use of the Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Valuu.io. You promise and agree that you are using the Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Service or the Content.
Our software applications and the Content are not sold or transferred to you, and Valuu.io and its licensors retain ownership of all copies of the Valuu.io software applications and Content even after an installation on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices (“Devices”).
You agree not to use the Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Valuu.io grants no right, title, or interest to you in the Service or Content.
Third party software (for example, open source software libraries) included in our Service are made available to you under the relevant third party software library’s license.
Third Party Applications
Our Service is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”). These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Valuu.io does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications, nor does Valuu.io warrant the compatibility or continuing compatibility of the Third Party Applications with the Service.
Users of Valuu.io may post, upload, or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, watchlists, portfolios, descriptions and/or other types of content) (“User Content”).
You promise that, with respect to any User Content you post on Valuu.io, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by Valuu.io as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Valuu.io or any entity or individual without express written consent from Valuu.io or such individual or entity.
Valuu.io may, but has no obligation to, monitor, review, or edit User Content. In all cases, Valuu.io reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Valuu.io’s sole discretion, violates the Agreements. Valuu.io may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Valuu.io is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST VALUU.IO RELATED TO THE USER CONTENT THAT YOU POST, THEN, TO THE EXTEND PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD VALUU.IO HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
Rights you grant us
If you provide feedback, ideas, or suggestions to Valuu.io in connection with the Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential, and you authorize Valuu.io to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Valuu.io a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus ten (10) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public, publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
When using the Service, you must follow these rules and should encourage other users to do the same. The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Service or the Content, or otherwise making any use of the Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Service or the Content or any part of it;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Service, Content or any part thereof except to the extent permitted by applicable law.
- circumventing any technology used by Valuu.io, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing, or leasing of any part of the Service or the Content;
- circumventing any territorial restrictions applied by Valuu.io or its licensors;
- artificially increasing usage counts, or otherwise manipulating the Service by (i) using any bot, script, or other automated process; (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
- removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- circumventing or blocking advertisements in the Service, or creating or distributing tools designed to block advertisements in the Service
- providing your password to any other person or using any other person’s account;
- “crawling” the Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access, or collect information from Valuu.io or the Service;
- selling a user account, or otherwise accepting or offering to accept any compensation, financial or otherwise
- artificially promoting Content by automated means or otherwise.
Please respect Valuu.io and other users of the Service. Don’t engage in any activity, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Valuu.io or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Valuu.io;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Valuu.io;
- interferes with or in any way disrupts the Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Valuu.io’s computer systems, network, usage rules, or any of Valuu.io’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by Valuu.io.
You acknowledge and agree that posting any User Content that violates these guidelines may result in immediate termination or suspension of your Valuu.io account.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your account on the Service. If your password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
Copyright infringement and reporting
Valuu.io respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, please notify us with all details about that infringement. If Valuu.io is notified by a copyright holder, using the forms provided by Valuu.io, that any Content infringes a copyright, Valuu.io may in its sole discretion remove such Content from the Service, or take other steps that Valuu.io deems appropriate.
Service limitations and modifications
Valuu.io will make reasonable efforts to keep the Service operational. However, certain technical difficulties, maintenance, testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Valuu.io reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons.
Notwithstanding the foregoing, if you have paid fees to Valuu.io for Paid Subscriptions that Valuu.io permanently discontinues prior to the end of the Paid Subscription, Valuu.io will refund you the prepaid fees for the period after such discontinuation. You understand, agree, and accept that Valuu.io will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. Valuu.io and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
For any assistance with questions related to your account or payments (“Customer Support Queries”), please submit a support ticket using the contact form on our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame, but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
You can also file a complaint at the online platform for alternative dispute resolution (ODR-platform). You can find the ODR-platform through the following link: https://ec.europa.eu/consumers/odr.
Term and termination
The Agreements will continue to apply to you until terminated by either you or Valuu.io. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Valuu.io may terminate the Agreements or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorised use of the Service and/or Content, non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you reasonable notice in advance of doing so). If you or Valuu.io terminate the Agreements, or if Valuu.io suspends your Access, you agree that Valuu.io shall have no liability or responsibility to you, and Valuu.io will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your Valuu.io account, please contact us through the contact form which is available on our website. This section will be enforced to the extent permissible by applicable law.
YOU UNDERSTAND AND AGREE THAT THE VALUU.IO SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. VALUU.IO AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER VALUU.IO NOR ANY OWNER OF CONTENT WARRANTS THAT THE VALUU.IO SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, VALUU.IO MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE VALUU.IO SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND VALUU.IO IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING.
NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM VALUU.IO SHALL CREATE ANY WARRANTY ON BEHALF OF VALUU.IO. WHILE USING THE VALUU.IO SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT.
WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING VALUU.IO’S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE VALUU.IO SERVICE IS TO UNINSTALL ANY VALUU.IO SOFTWARE AND TO STOP USING THE VALUU.IO SERVICE. YOU AGREE THAT VALUU.IO HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE VALUU.IO SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO VALUU.IO, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL VALUU.IO, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
(1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT; (2) ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR (E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICES OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US, IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE VALUU.IO SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER VALUU.IO HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE VALUU.IO SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO VALUU.IO DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR (4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND VALUU.IO’S REASONABLE CONTROL.
Nothing in the Agreements removes or limits Valuu.io’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.
Third party rights
You acknowledge and agree that the owners of the Content and certain distributors are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Valuu.io, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
Other than as stated in this section or as explicitly agreed upon in writing between you and Valuu.io, the Agreements constitute all the terms and conditions agreed upon between you and Valuu.io and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that certain aspects of your use of the Service may be governed by additional agreements. That could include, for example, access to the Service as a result of free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Valuu.io’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Severability, waiver, and interpretation
Should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Valuu.io or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Valuu.io’s or the applicable third party beneficiary’s right to do so.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
Valuu.io may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Valuu.io may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.
You agree to indemnify and hold Valuu.io harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Service; and (4) your violation of any law or the rights of a third party.
Applicable law and mandatory arbitration
Governing Law / Jurisdiction
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the Grand Duchy of Luxembourg, without regard to choice or conflicts of law principles.
Further, you and Valuu.io agree to the jurisdiction of the courts of the Grand Duchy of Luxembourg to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them).
CLASS ACTION WAIVER
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND VALUU.IO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Valuu.io agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If you are located in a jurisdiction in which this is enforceable, the following mandatory arbitration provisions apply to you:
You and Valuu.io agree that any dispute, claim, or controversy between you and Valuu.io arising in connection with or relating in any way to these Agreements or to your relationship with Valuu.io as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration.
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction. Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
This arbitration provision will survive termination of the Agreements. If the class action waiver is found to be unenforceable in arbitration or if any part of this section is found to be invalid or unenforceable, then the entirety of this section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue of the Grand Duchy of Luxembourg shall govern any action arising out of or related to the Agreements.
If you have any questions concerning our Service or the Agreements, please contact us through the contact form on our website.