MaintAid Terms and Conditions of Use

Effective as of May 22, 2018
  1. Introduction
  2. Changes to the Agreements
  3. Using MaintAid
  4. Rights we grant you
  5. Third Party Applications
  6. User-Generated Content
  7. Rights you grant us
  8. User guidelines
  9. Service limitations and modifications
  10. Brand Accounts
  11. Customer support
  12. Export control
  13. Payments and cancellations
  14. Term and termination
  15. Warranty and disclaimer
  16. Limitation and time for filing
  17. Third party rights
  18. Entire Agreement
  19. Severability and waiver
  20. Assignment
  21. Indemnification
  22. Choice of law, mandatory arbitration and venue
  23. Contact us
Hello, and welcome. Please read our Terms and Conditions of Use (“Terms”) and Privacy Policy carefully because they affect your legal rights, including an agreement to resolve any disputes that may arise between us by arbitration on an individual basis instead of by class actions or jury trials.

1 Introduction

By signing up or otherwise using the MaintAid service, websites, and software applications (together, the “MaintAid service” or “Service”), you are entering into a binding contract with Virbius AB (“Virbius”, “we”, “us”). The MaintAid service includes social and interactive features. Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”.) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on Virbius’ website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the MaintAid service. Please read the Agreements carefully. They cover important information about MaintAid services provided to you and any charges, taxes, and fees. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court. In order to use the MaintAid service you need to have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.

2 Changes to the Agreements

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form.

3 Using MaintAid

Here’s some information about the ways you can use MaintAid.

3.1 Our Services & Paid Subscriptions

Virbius provides a service where you can store information about your house, the equipment in your house and the maintenance actions needed for that equipment. Certain MaintAid services are provided to you free-of-charge. Other MaintAid services require payment before you can access them. The MaintAid services that may be accessed after payment are currently referred to as the “Premium Service” or the “Paid Subscriptions”. The MaintAid service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our website.

4 Rights we grant you

The MaintAid service is the property of Virbius or Virbius’ licensors. We grant you a limited, non-exclusive, revocable license to make use of the MaintAid service (the “License”). This License shall remain in effect until and unless terminated by you or Virbius. You promise and agree that you will not redistribute or transfer the MaintAid service. The Virbius software applications are licensed, not sold, to you, and Virbius and its licensors retain ownership of all copies of the Virbius software applications even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”). All Virbius’ trademarks, service marks, trade names, logos, domain names, and any other features of the Virbius, Emeriel Studios and MaintAid brands (“Virbius Brand Features”) are the sole property of Virbius or its licensors. The Agreements do not grant you any rights to use any Virbius Brand Features whether for commercial or non-commercial use. You agree to not use the MaintAid service or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Virbius grants no right, title, or interest to you in the MaintAid service. Third party software (for example, open source software libraries) included in the MaintAid service are licensed to you either under the Agreements or under the relevant third party software library’s license terms as published on our website.

5 Third Party Applications

The MaintAid service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available services to you. 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 Virbius 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.

6 User-Generated Content

MaintAid users may create content in the Service (which may include, for example, text, web links and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content that you as a user manage, for example houses, equipment, actions and links, in the MaintAid service. You promise that, with respect to any User Content you post in the MaintAid service, (1) you have the right to post such User Content, and (2) such User Content, or its use by Virbius as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Virbius or any entity or individual without express written consent from such individual or entity. Virbius may, but has no obligation to, monitor, review, or edit User Content. In all cases, Virbius reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Virbius’ sole discretion, violates the Agreements. Virbius 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. Virbius 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 VIRBIUS RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD VIRBIUS HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

7 Rights you grant us

In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the MaintAid service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. If you provide feedback, ideas or suggestions to Virbius in connection with the MaintAid service (“Feedback”), you acknowledge that the Feedback is not confidential, and you authorize Virbius to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

8 User guidelines

Virbius respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure MaintAid stays enjoyable for everyone. Please follow these rules and encourage other users to do the same. The following is not permitted for any reason whatsoever:
  • reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the MaintAid service or any part thereof unless permitted by applicable law;
  • circumventing any technology used by MaintAid, its licensors, or any third party to protect the Service;
  • selling, renting, sublicensing or leasing of any part of the MaintAid.
Please respect Virbius and other users of the MaintAid service. Don’t engage in any activity, post any User Content, or register and/or use a username, 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 but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Virbius or a third party;
  • includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
  • interferes with or in any way disrupts the MaintAid service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Virbius’ computer systems, network, usage rules, or any of Virbius’ security components, authentication measures or any other protection measures applicable to the Service or any part thereof; or
  • conflicts with the Agreements, as determined by Virbius.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your MaintAid account. You also agree that Virbius may also reclaim your username for any reason. 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 of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

9 Service limitations and modifications

Virbius will make reasonable efforts to keep the MaintAid service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Virbius reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the MaintAid service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the MaintAid service or any function or feature thereof. You understand, agree, and accept that Virbius has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law.

10 Brand Accounts

If you establish a MaintAid account on behalf of a company, organization, entity, or brand (a “Brand”, and such account a “Brand Account”), the terms “you” and “your”, as used throughout the Agreements, apply to both you and the Brand, as applicable. If you open a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Brand to the Agreements.

11 Customer support

For customer support with technical, account-related and other questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using the Customer Service contact form on the “Support & Contact” section of our website. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.

12 Export control

Virbius’ products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above. You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Virbius under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.

13 Payments and cancellations

Paid Subscriptions can only be purchased through a third party (Google Play or Apple App Store) by paying a yearly subscription fee giving you access to the MaintAid service for one year from the payment date. Since you have purchased your Paid Subscription through a third party, your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms). To cancel your subscription, you must cancel directly with that third party. Virbius may change the price for the Paid Subscriptions from time to time. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change.

14 Term and termination

The Agreements will continue to apply to you until terminated by either you or Virbius. Virbius may terminate the Agreements or suspend your access to the MaintAid service at any time, including in the event of your actual or suspected unauthorized use of the MaintAid service, or non-compliance with the Agreements. If you or Virbius terminate the Agreements, or if Virbius suspends your access to the MaintAid service, you agree that Virbius shall have no liability or responsibility to you, and Virbius will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your MaintAid account, please contact us through the Customer Service contact form which is available on our “Support & Contact” page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time. Sections 6, 7, 8, 9, 12, 14, 15, 16, 17, 18, 19, 20, 21, and 22 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

15 Warranty and disclaimer

WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE MAINTAID SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE MAINTAID SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VIRBIUS MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. VIRBIUS DOES NOT WARRANT THAT THE MAINTAID SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, VIRBIUS MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE MAINTAID SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT VIRBIUS IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE MAINTAID SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM VIRBIUS SHALL CREATE ANY WARRANTY ON BEHALF OF VIRBIUS IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. Virbius takes no responsibility for the correctness of any content in the MaintAid service. Always go to the supplier or manufacturer of your equipment for the correct maintenance actions, user instructions or other documentation.

16 Limitation and time for filing

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE MAINTAID SERVICE IS TO UNINSTALL ANY VIRBIUS SOFTWARE AND TO STOP USING THE MAINTAID SERVICE. WHILE VIRBIUS ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO VIRBIUS, 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. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL VIRBIUS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE MAINTAID SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER VIRBIUS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE MAINTAID SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO VIRBIUS DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW. Nothing in the Agreements removes or limits Virbius’ liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST VIRBIUS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (22.2.1) OR FILING AN INDIVIDUAL ACTION UNDER SECTION (22.2.2) 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.

17 Third party rights

You acknowledge and agree that certain distributors (such as app store providers) 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 Virbius, 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. If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Virbius only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

18 Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Virbius, the Agreements constitute all the terms and conditions agreed upon between you and Virbius and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Please note, however, that other aspects of your use of the MaintAid service may be governed by additional agreements. 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. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

19 Severability and waiver

Unless as otherwise stated in the Agreements, 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 Virbius or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Virbius’ or the applicable third party beneficiary’s right to do so.

20 Assignment

Virbius may assign the Agreements or any part of them, and Virbius may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

21 Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Virbius harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the MaintAid service; and (4) your violation of any law or the rights of a third party.

22 Choice of law, mandatory arbitration and venue

22.1 Governing Law / Jurisdiction

The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Sweden, without regard to choice or conflicts of law principles. Further, you and Virbius agree to the jurisdiction of Swedish courts to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 22.2.1. Virbius does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.

22.2 ARBITRATION AGREEMENT

22.2.1 Dispute resolution and arbitration
You and Virbius agree that any dispute, claim, or controversy between you and Virbius arising in connection with or relating in any way to these Agreements or to your relationship with Virbius 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 (not class) arbitration. You and Virbius further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. 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 any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
22.2.2 Exceptions
Notwithstanding the clause above (24.2.1), you and Virbius both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
22.2.3 No Class Or Representative Proceedings: Class Action Waiver
YOU AND VIRBIUS 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 Virbius 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. 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 a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
22.2.4 Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and Virbius will take place under the rules of the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) then in force (the “SCC Rules”), as modified by this Arbitration Agreement. The SCC Rules, as well as instructions on how to file an arbitration proceeding, appear at http://sccinstitute.com/dispute-resolution/rules, or you may call the SCC at +46 8 555 100 00. Virbius can also help put you in touch with the SCC.
22.2.5 Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Virbius’ address for Notice is: Virbius AB, Björkstigen 6, SE-178 51 Ekerö, Sweden. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Virbius may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Virbius shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
22.2.6 Enforceability
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any claim in court arising out of or related to the Agreements.

23 Contact us

If you have any questions concerning the MaintAid service or the Agreements, please contact MaintAid Customer Service by visiting the “Support & Contact” section of our website. If you are a California, US, resident, you may have the Agreements mailed to you electronically by sending a letter to Virbius AB, Björkstigen 6, SE-178 51 Ekerö, Sweden with your email address and a request for the Agreements. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service. Thank you for reading our Terms. We hope you enjoy MaintAid from Virbius/Emeriel Studios! Contracting entity: Virbius AB Björkstigen 6 SE-178 51 Ekerö Sweden © Virbius AB.