Terms of Service

These Terms of Service govern the contractual relationship between Moonway LLC as the direct seller and merchant of record for the Services and each natural person who accesses, purchases, subscribes to, or uses the Services.

By accessing, purchasing, subscribing to, or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms of Service and by any additional policies that apply to the Services, including the Privacy Policy, Subscription and Refund Policy, and Acceptable Use Policy.

If you do not agree to these Terms of Service, you must not use the Services.

These Terms include important provisions about subscriptions, automatic renewals, cancellation, refunds, disclaimers, limitation of liability, governing law, dispute resolution, and waiver of class, collective, group, mass, representative, opt-in, opt-out, or similar proceedings to the maximum extent permitted by applicable law. Please read them carefully before using or purchasing the Services.

1. Company and Services

1.1. Moonway LLC is a legal entity incorporated in the State of Delaware, United States, with registration/file number 6719444 and registered address at 8 The Green, Suite B, Dover, DE 19901, USA. Moonway LLC acts as the direct seller, distributor, and merchant of record for the Services.
1.2. The underlying System, Services, software, platform, technology, intellectual property, digital content, tools, models, outputs, features, and related infrastructure are owned, operated, licensed, or otherwise made available by Platform Owner, a company incorporated in the Republic of Cyprus, and/or its affiliates, licensors, service providers, or platform providers.
1.3. In these Terms of Service:

“Company,” “we,” “us,” and “our” refer to Moonway LLC**,** acting as the direct seller, distributor, and merchant of record, and, where the context requires, the parties that operate, provide, support, or make available the System and Services on our behalf or in connection with the Services;

“Platform Owner” means Cyprus Platform Owner, the owner or operator of the underlying System, Services, software, platform, technology, digital content, tools, models, features, and intellectual property;

“you,” “your,” and “Client” refer to the person who accesses, purchases, subscribes to, or uses the Services;

“System” means websites, applications, progressive web apps, mobile apps, online platforms, software, digital interfaces, account areas, checkout flows, support channels, and related technical environment used to provide, sell, support, or make available the Services; and

“Services” means the subscription-based digital tools available through OMPERTY at www.omperty.com and through any related website, web app, mobile app, or other digital platform. The Services use artificial intelligence and automated data tools to help match real estate listings and market information with the preferences you provide, such as your preferred location, budget, property type, and lifestyle needs. The Services may provide personalised listing and market reports, alerts about new or updated listings, price changes, and similar or alternative properties. OMPERTY may also offer, or connect you with third parties offering, optional services relating to other goods or services, such as boats, vehicles, or relocation assistance. The Services are provided for general information only. OMPERTY is not a real estate agent or broker and does not buy, sell, lease, manage, appraise, or hold an interest in any property. OMPERTY also does not provide financial, legal, tax, insurance, medical, or other professional advice. Information, reports, alerts, and other content available through the Services are not a recommendation, offer, property valuation, or professional advice.

1.4. A full or current description of available Services, features, prices, subscription plans, and technical requirements may be shown in the System, at checkout, in a relevant offer, or in related product materials.
1.5. The Services are intended only for natural persons who are at least 18 years old or who have otherwise reached the age of legal majority in their place of residence. You must not use the Services if you are under 18 or under the applicable age of legal majority.
1.6. You are responsible for ensuring that your access to and use of the Services is lawful in your location.

2. Agreement and applicable policies

2.1. These Terms of Service apply when you access or use the System, create an account, complete onboarding, submit information, purchase a subscription, purchase digital content, use free or paid features, or otherwise interact with the Services.
2.2. If you purchase paid Services, the agreement between you and the Company is concluded when you complete the checkout process, submit payment, or otherwise confirm the purchase through the System, an app store, payment provider, reseller, distributor, or other authorized purchase flow (“Agreement”). The Company acts as the direct seller and merchant of record, unless the applicable checkout, app store, payment provider, or offer states otherwise.

2.3. The following policies form part of the Agreement:

• the Privacy Policy, which explains how personal information is collected and used;
• the Subscription and Refund Policy, which explains subscription plans, initial prices, regular prices, renewals, billing, cancellation, and refunds; and
• the Acceptable Use Policy, which explains prohibited activities, content rules, user responsibilities, and enforcement.

2.4. If there is a conflict between the Agreement and a specific policy, the specific policy will apply to the subject matter it covers, unless the Agreement expressly states otherwise.

3. Account creation and access

3.1. To access certain Services, you may need to create an account, provide an email address, create login credentials, complete onboarding questions, submit information, or follow instructions shown in the System.
3.2. You agree to provide accurate, current, and complete information and to keep your information up to date.
3.3. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must not share your account, login credentials, access links, paid content, or subscription access with any unauthorized person.
3.4. Accounts are for personal use only unless we expressly agree otherwise in writing.
3.5. We may refuse, suspend, restrict, or terminate account access if we reasonably believe that information is inaccurate, access is unauthorized, payment has failed, the account is being misused, the Services are being used unlawfully, or the Agreement, or any applicable policy has been breached.

4. License to use the Services

4.1. Subject to this Agreement, your compliance with all applicable policies, and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, lawful, and permitted purposes during the applicable subscription or access period.
4.2. The scope and duration of your access depend on the Services, subscription plan, purchase type, usage limits, credits, and features made available to you.
4.3. You must not use the Services for any purpose not expressly permitted by this Agreement, the Acceptable Use Policy, or applicable law.
4.4. We may modify, suspend, discontinue, replace, limit, or remove any Service, feature, content, model, tool, integration, or functionality at any time, subject to mandatory consumer rights and any paid access rights that cannot be excluded by law.

5. Intellectual property

5.1. Unless expressly stated otherwise, the System, Services, software, interfaces, workflows, text, graphics, designs, logos, trademarks, brand elements, databases, models, algorithms, prompts, templates, reports, generated formats, know-how, documentation, and other materials made available by or through the Company, the Platform Owner, or their licensors are owned by the Company, the Platform Owner, or their licensors and are protected by intellectual property and other laws.

5.2. You must not:

• copy, reproduce, modify, adapt, translate, distribute, sell, rent, lease, sublicense, publicly display, or commercially exploit any part of the Services except as expressly permitted;
• reverse engineer, decompile, disassemble, scrape, extract, or attempt to derive the source code, models, algorithms, structure, or underlying ideas of the Services, except where applicable law expressly allows this;
• remove copyright, trademark, proprietary, or rights-management notices;
• use the Services to develop, train, improve, or support a competing product or service; or
• use our names, trademarks, logos, branding, or materials without our prior written permission.

6. User content and inputs

6.1. You may be able to upload, submit, generate, provide, or transmit information, files, photos, images, videos, audio, text, prompts, answers, preferences, feedback, comments, ratings, or other content through the Services.
6.2. You represent and warrant that you have all rights, permissions, consents, and legal authority necessary to upload, submit, generate, use, and share such content through the Services.
6.3. You must not upload or submit content that infringes third-party rights, violates privacy or publicity rights, includes unlawful or harmful material, contains another person’s confidential or personal information without authorization, or violates the Acceptable Use Policy.
6.4. You retain any rights you have in your own content, subject to the license granted below.
6.5. To operate, provide, secure, support, improve, and enforce the Services, you grant the Company, the Platform Owner, and their affiliates, service providers, licensors, and platform providers a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, process, modify, adapt, display, transmit, and use your content and inputs as reasonably necessary for those purposes and as otherwise described in the Privacy Policy and applicable product materials.
6.6. You are responsible for ensuring that the preferences and other information you provide through the Services, such as your preferred location, budget, property type, lifestyle criteria, search requirements, and contact details, are accurate, complete, lawful, and appropriate for your intended use of the Services.
6.7. The reports, alerts, and other outputs available through the Services depend on the preferences and information you provide. Inaccurate, incomplete, outdated, misleading, or unsuitable information may result in listings, reports, alerts, or other results that are inaccurate, incomplete, irrelevant, or unsuitable for your needs.
6.8. Do not provide information about another person, including their contact details, financial information, or property-search preferences, unless you have the rights, permissions, and consents needed to do so.
6.9. Please do not provide sensitive, confidential, financial, legal, medical, children’s, or other highly personal information through the Services unless it is specifically requested, necessary for your intended use of the Services, and you are comfortable providing it.
6.10. You may from time to time provide suggestions, ideas, enhancement requests, recommendations, comments, reviews, evaluations, or other feedback regarding the Services or the System (“Feedback”). All Feedback is provided voluntarily. You acknowledge and agree that Feedback, even if designated as confidential by you, will not create any confidentiality obligation for the Company unless the parties separately agree otherwise in writing. To the maximum extent permitted by applicable law, the Company, the Platform Owner, and their affiliates may use, disclose, reproduce, modify, adapt, publish, translate, create derivative works from, license, distribute, commercialize, and otherwise exploit Feedback for any purpose, without restriction, compensation, attribution, or obligation to you. For the avoidance of doubt, the Company, the Platform Owner, and their affiliates shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, and perpetual license to use and incorporate into the Services, System, products, business, documentation, marketing, and operations any Feedback provided by you. This clause applies to Feedback about the Services or System. It does not give the Company an unrestricted right to publicly disclose or commercially exploit personal information or private user content except as otherwise permitted under this Agreement, the Privacy Policy, or applicable law. The Company urges you not to submit information that is highly personal, confidential, sensitive, or that you do not wish the Company to use for the purposes described in this Agreement and the Privacy Policy.

7. Outputs and generated content

7.1. The Services may use your preferences, automated systems, algorithms, third-party data sources, and other technical processes to generate property matches, listing scores, market information, reports, alerts, comparisons, summaries, and other digital content.
7.2. Outputs may include identified real estate listings, property or market summaries, listing scores, estimated matches to your stated preferences, price-change alerts, comparable or alternative properties, and related information.
7.3. Outputs may be incomplete, inaccurate, outdated, unavailable, duplicated, or otherwise unsuitable for your needs. You must independently review and verify all information, particularly a property’s availability, price, features, condition, location, listing status, and any other material details, before relying on it or taking any action.
7.4. Unless expressly stated otherwise, outputs are provided for general informational purposes only and do not constitute a recommendation, offer, appraisal, valuation, or financial, legal, tax, insurance, real-estate, or other professional advice.
7.5. You are solely responsible for your decisions and actions based on the Services or any output, including any decision to contact a listing provider, agent, broker, seller, landlord, lender, or other third party; to view, negotiate for, buy, sell, lease, finance, or otherwise pursue a property; or to purchase any related goods or services.
7.6. If you share, publish, distribute, or otherwise use an output outside the Services, you are responsible for ensuring that your use is lawful, accurate, does not infringe third-party rights, and complies with applicable platform, advertising, consumer-protection, intellectual-property, and disclosure requirements.

8. No professional, medical, legal, financial, or emergency advice

8.1. Unless we expressly state otherwise in writing, the Services do not provide medical, healthcare, psychological, therapeutic, legal, financial, investment, tax, valuation, insurance, safety, emergency, or other regulated professional advice.
8.2. You must not rely on the Services as a substitute for advice from a qualified professional. You should consult an appropriate professional before making decisions that may affect your health, safety, finances, legal rights, relationships, property, business, or other important interests.
8.3. If you experience a medical emergency, mental-health crisis, safety emergency, threat of harm, or similar urgent situation, you should contact emergency services or an appropriate professional immediately. The Services are not designed for emergency use.
8.4. The Services are not intended to be used as the sole basis for any high-stakes, regulated, or professional decision, including a decision to buy, sell, lease, finance, insure, invest in, or otherwise transact in real property. You should obtain and rely on appropriate independent advice and verification from qualified professionals, such as a real estate agent or broker, lender, attorney, tax adviser, inspector, appraiser, or insurance professional, before making decisions that could result in financial loss, legal consequences, or other significant harm.

9. Specific product disclaimers

9.1. The Services may include different digital products or features from time to time. The following disclaimers apply where relevant:

• Listing details, property matches, price information, market reports, comparable properties, and alerts are obtained or derived from third-party sources and automated processes. They may be delayed, incomplete, inaccurate, unavailable, or no longer current. A listing shown through the Services may no longer be available, and the information displayed may differ from the information provided by the listing provider, seller, landlord, agent, broker, or other source. You must independently verify all material details before taking action.
• Any match, score, ranking, summary, comparison, or other automated output is based on the information available to the Services and the preferences you provide. It is not a recommendation or endorsement of a property, listing provider, agent, broker, lender, or other third party, and it does not guarantee that a property is suitable for you or that you will obtain a particular transaction, price, financing outcome, or other result.
• Any market analysis, price estimate, comparable-property information, or similar output is general information only. It is not an appraisal, broker price opinion, investment recommendation, tax assessment, insurance valuation, or official valuation, and must not be relied upon for financing, insurance, tax, legal, accounting, investment, or transactional purposes. Obtain advice from an appropriately qualified professional before relying on such information.
• OMPERTY may provide information about, or connect you with, third-party providers of real-estate-related or other services, including relocation, vehicle, or boat services. OMPERTY does not control, endorse, guarantee, or assume responsibility for third-party services, their availability, pricing, quality, or performance. Your use of third-party services is subject to the applicable third party’s terms and policies.

9.2. We do not guarantee that the Services will identify a particular property, produce a suitable property match, provide complete or current listing information, achieve a particular listing score, result in a property viewing or transaction, secure a particular purchase price, rental rate, financing outcome, insurance outcome, investment return, or other personal, commercial, or practical result. Any examples, previews, marketing materials, testimonials, demonstrations, screenshots, market reports, sample listings, scores, matches, or other sample outputs are illustrative only and do not guarantee that you will receive the same or similar results.

10. Payments, subscriptions, cancellation, and refunds

10.1. Some Services may be free, paid, subscription-based, one-time purchase-based, usage-based, credit-based, trial-based, or offered under a promotional model.
10.2. The main purchase information will be shown in the System, at checkout, or in the applicable offer before you complete your purchase. Additional details and rules on subscriptions, billing, renewals, cancellations, and refunds are set out in the Subscription and Refund Policy.
10.3. Before purchasing any paid Service, you must review the applicable purchase terms and the Subscription and Refund Policy. By completing a purchase, you confirm that you have reviewed, understood, and accepted those terms.
10.4. By completing a purchase, you authorize us and/or our payment processors, app stores, resellers, distributors, or other authorized payment providers to charge the applicable amounts using the payment method you provide.
10.5. Paid Services may renew automatically unless canceled before renewal in accordance with the Subscription and Refund Policy and the applicable purchase flow.
10.6. Deleting an app, removing a PWA from your device, ceasing use of the Services, or failing to access your account does not automatically cancel a subscription.
10.7. Except where required by applicable law or expressly stated in the Subscription and Refund Policy or applicable offer, paid digital Services are generally non-refundable once purchased, accessed, generated, customized, supplied, or made available.

11. Third-party services and payment providers

11.1. The Services may include, rely on, connect to, or make available third-party services, tools, platforms, app stores, payment processors, analytics providers, advertising providers, AI providers, cloud providers, communication tools, integrations, or external links.
11.2. Third-party services may be subject to their own terms, privacy notices, fees, rules, and technical requirements. We are not responsible for third-party services except to the extent required by applicable law.
11.3. Some Services may rely on third-party artificial intelligence systems, models, APIs, databases, hosting providers, infrastructure providers, or other technical providers. We do not control all third-party systems, and we are not responsible for errors, downtime, limitations, model behavior, data processing, output quality, or other issues caused by third-party systems, except to the extent required by applicable law.
11.4. Payments may be processed by the Company as merchant of record and/or by third-party payment providers. We do not intend to store full payment card details ourselves unless expressly stated otherwise. You are responsible for reviewing and complying with the terms of any payment provider, app store, reseller, or third-party platform used for your purchase.
11.5. The Company may, if necessary, additionally engage a third-party service provider (Omniroot LLC, a limited liability company organized under the laws of the State of Georgia, USA (control number 25113064), with its address 8735 DUNWOODY PLACE #7313, ATLANTA, GA, 30350, USA) who support the Company by ensuring the quality and proper delivery of the Services, administering the sale and purchase of the Company’s digital products, and managing all related payments and refunds, excluding any sales and transactions conducted via PayPal or its affiliates - such transactions shall be processed directly by, the Company. For any questions, inquiries, or complaints regarding payments, refunds, or the purchase of digital products, please contact Us at payments@omperty.com

12. Suspension and termination

12.1. We may suspend, restrict, or terminate your access to the Services, account, subscription, features, content, or outputs if we reasonably believe that:

• you have breached this Agreement or any applicable policy;
• payment has failed or a charge is disputed, reversed, or unauthorized;
• your account, access, or activity creates security, legal, financial, reputational, technical, or operational risk;
• your use of the Services violates applicable law or third-party rights;
• your use of the Services breaches the Acceptable Use Policy;
• information you provided is inaccurate, incomplete, fraudulent, or misleading;
• you are under the required age or are located in a restricted jurisdiction; or
• suspension or termination is necessary to protect the Company, users, third parties, the System, or the Services.

12.2. Where reasonable and legally permitted, we may notify you of the reason for suspension or termination and may give you an opportunity to remedy the issue. We are not required to provide notice or an opportunity to cure where doing so would create risk, violate law, compromise security, interfere with an investigation, or harm the Company or others.
12.3. You may stop using the Services at any time. If you have a paid subscription, you must cancel it in accordance with the Subscription and Refund Policy to stop future renewal charges.

13. Technical and security risks

13.1. The Services may depend on internet access, devices, operating systems, browsers, app stores, third-party platforms, payment systems, AI systems, cloud infrastructure, and other technologies that we do not fully control.
13.2. We do not guarantee that the Services will be uninterrupted, error-free, secure, compatible with every device or browser, available in every location, or free from bugs, vulnerabilities, delays, data loss, outages, or other technical issues.
13.3. You are responsible for ensuring that you have compatible hardware, software, internet access, and technical resources needed to use the Services.
13.4. You should be cautious of phishing, spoofing, fraudulent messages, fake websites, fake advertisements, impersonation attempts, and other online threats. If you are unsure whether a communication is from us, contact us through the official contact method shown in the System or this Agreement.

14. Restricted use, sanctions, and export controls

14.1. You must not use the Services if applicable law prohibits you from doing so.
14.2. You represent that you are not located in, organized under the laws of, ordinarily resident in, or otherwise subject to restrictions in any country, region, or territory where use of the Services is prohibited by applicable law, sanctions, or export-control rules.
14.3. You represent that you are not listed on any sanctions, denied-party, restricted-party, debarment, or exclusion list maintained by any applicable governmental authority.
14.4. We may restrict or block access to the Services in certain jurisdictions, territories, or locations at any time.

15. Changes to the Services and this Agreement

15.1. We may update, modify, suspend, replace, or discontinue any part of the Services from time to time, subject to applicable law and any mandatory rights that cannot be excluded.
15.2. We may update this Agreement from time to time. The updated version will be posted in the System or another appropriate location with a new “Last updated” date.
15.3. Where changes are material or where required by applicable law, we will provide notice by email, in-app notice, website notice, or another appropriate method.
15.4. Your continued use of the Services after the updated Agreement becomes available means that you accept the updated version, unless applicable law requires a different form of notice or consent.

16. Disclaimers

16.1. To the maximum extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.
16.2. To the maximum extent permitted by applicable law, we disclaim all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, compatibility, and uninterrupted or error-free operation.
16.3. We do not guarantee that the Services or outputs will meet your expectations, achieve any particular result, be suitable for your circumstances, be accepted by any third party, or be free from errors, omissions, inaccuracies, bias, inappropriate content, technical issues, or harmful components.

17. Limitation of liability

17.1. To the maximum extent permitted by applicable law, the Company, the Platform Owner, their affiliates, and their respective directors, officers, employees, contractors, agents, service providers, licensors, and partners will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or similar damages, or for any loss of profits, revenue, business, goodwill, data, content, opportunity, anticipated savings, reputation, or use, arising out of or related to the Services or this Agreement.
17.2. To the maximum extent permitted by applicable law, the Company’s total aggregate liability arising out of or related to the Services or this Agreement will not exceed the amount you paid to the Company for the Services giving rise to the claim during the three months before the event giving rise to liability.
17.3. The limitations in this section apply whether the claim is based on contract, tort, negligence, strict liability, statute, warranty, misrepresentation, or any other legal theory, even if we have been advised of the possibility of such damages.
17.4. Nothing in this Agreement limits liability for fraud, willful misconduct, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable law.

18. Indemnity

18.1. To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, the Platform Owner, their affiliates, and their respective directors, officers, employees, contractors, agents, service providers, licensors, and partners from and against any claims, demands, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• your breach of this Agreement or any applicable policy;
• your use or misuse of the Services;
• your content, inputs, outputs, or use of outputs;
• your violation of applicable law or third-party rights;
• your fraud, negligence, willful misconduct, or unauthorized activity; or
• your reliance on, publication of, or actions taken based on any output or recommendation from the Services.

19. Governing law, arbitration, class action waiver, jury trial waiver, and sanctions

19.1. Governing law. This Agreement and your use of the System and Services are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules, except to the extent applicable law requires otherwise. Your use of the System and Services may also be subject to other local, state, national, or international laws.
19.2. Federal Arbitration Act. The arbitration agreement in this Section 19 is governed by the Federal Arbitration Act and applicable federal arbitration law.
19.3. Informal dispute resolution. If you have any concern or dispute about the System or Services, you agree to first try to resolve the dispute informally by contacting the Company at hello@omperty.com. Your notice must include your name, the email address associated with your account, a description of the dispute, and the relief you are seeking. You and the Company agree to make a good-faith effort to resolve the dispute informally for at least 30 days before either party starts arbitration or a court proceeding, except where emergency injunctive relief is sought.
19.4. Agreement to binding individual arbitration. Except as provided in this Section 19 or where prohibited by applicable law, you and the Company agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the System, the Services, any subscription, any transaction, or any relationship between you and the Company, the Platform Owner, or their respective affiliates, officers, directors, employees, contractors, agents, successors, or assigns will be resolved only by final and binding individual arbitration, and not in court.
19.5. Arbitration rules. The arbitration will be administered by the American Arbitration Association (“AAA”). If you use the Services as an individual for personal, family, or household purposes, the arbitration will be conducted under the AAA Consumer Arbitration Rules. The arbitration will be conducted in English.
19.6. Arbitration location. The seat and place of arbitration will be Wilmington, Delaware, unless the applicable AAA rules or applicable law require another location or permit the arbitration to be conducted by telephone, video conference, or written submissions. For consumer arbitrations, the location and method of arbitration will be determined in accordance with the AAA Consumer Arbitration Rules and applicable law.
19.7. Arbitration fees and costs. Arbitration fees and costs will be allocated in accordance with the applicable AAA rules and applicable law. For consumer arbitrations, the Company will pay any arbitration fees or costs that it is required to pay under the AAA Consumer Arbitration Rules or applicable law. Each party will bear its own attorneys’ fees and costs unless the arbitrator awards fees or costs under applicable law.
19.8. Exceptions to arbitration. The Company may seek temporary, preliminary, permanent, or other injunctive, equitable, or protective relief in any court of competent jurisdiction to prevent, stop, or address any actual, suspected, or threatened infringement, misappropriation, unauthorized access, misuse, abuse, interference with, or violation of the Company’s or the Platform Owner’s intellectual property rights, confidential information, proprietary rights, technology, systems, security, data, or platform operations.
19.9. Class action, collective action, and representative action waiver. To the maximum extent permitted by applicable law, you and the Company agree that each may bring claims against the other, including the Company’s affiliates, officers, directors, employees, contractors, agents, successors, assigns, and, where applicable, the Platform Owner, only on an individual basis and not as a plaintiff, claimant, class member, collective member, private attorney general, or representative in any class, collective, consolidated, mass, private attorney general, representative, or similar action or proceeding. The arbitrator may not consolidate the claims of more than one person, preside over any form of class, collective, consolidated, mass, private attorney general, representative, or similar proceeding, or award relief to anyone other than the individual party seeking relief, unless you and the Company expressly agree otherwise in writing after the dispute arises.
19.10. No class arbitration. You and the Company agree that there will be no right or authority for any dispute to be arbitrated on a class, collective, consolidated, mass, private attorney general, representative, or similar basis. Any question concerning the validity, enforceability, or scope of the class action, collective action, representative action, or mass action waiver in this Section 19 must be decided by a court of competent jurisdiction and not by an arbitrator.
19.11. Public injunctive relief and severability. If applicable law prohibits waiver of a request for public injunctive relief, and if such request cannot lawfully be arbitrated on an individual basis, that request for relief will be severed and decided by a court of competent jurisdiction after all arbitrable claims have been resolved in arbitration. All other claims and requests for relief will remain subject to individual arbitration.
19.12. Batch arbitration. To the maximum extent permitted by applicable law, if 50 or more substantially similar arbitration demands are filed against the Company within a 30-day period by or with the assistance of the same law firm, group of law firms, organization, or coordinated group, the parties agree that the demands will be administered in batches. Each batch will include up to 200 demands, unless the parties agree otherwise. One arbitrator will be appointed for each batch, and each batch will be treated as a single arbitration for purposes of administrative scheduling and fees, while preserving each claimant’s individual claim and individual relief. This batch arbitration provision does not authorize class arbitration, collective arbitration, consolidated arbitration, mass arbitration, representative arbitration, or relief on behalf of anyone other than the individual claimant.
19.13. Jury trial waiver. To the maximum extent permitted by applicable law, you and the Company each knowingly, voluntarily, and irrevocably waive any right to a trial by jury in any court proceeding arising out of or relating to this Agreement, the System, the Services, any subscription, any transaction, or any relationship between you and the Company, including any proceeding not subject to arbitration.
19.14. Arbitration opt-out. You may opt out of the arbitration agreement and class action waiver in this Section 19 by sending written notice to hello@omperty.com within 30 days after the date you first accept this Agreement. Your notice must include your name, the email address associated with your account, and a clear statement that you opt out of the arbitration agreement and class action waiver. If you opt out, neither you nor the Company will be bound by the arbitration agreement or class action waiver in this Section 19, but all other provisions of this Agreement will continue to apply, including the jury trial waiver in Clause 19.13 to the maximum extent permitted by applicable law.
19.15. Court venue. If any dispute, claim, or controversy is not subject to arbitration, the parties agree that the state or federal courts located in Delaware, United States, will have exclusive jurisdiction, except where applicable law requires otherwise.
19.16. No unlawful use. The Company expressly prohibits and rejects the use of the System or Services for any illicit activity, including money laundering, terrorist financing, sanctions violations, export-control violations, fraud, or other unlawful activity.
19.17. Sanctions and export controls. The System and Services may be globally accessible due to the nature of digital services and information technology. You must not use the System or Services if doing so would violate any applicable sanctions, export-control rules, restricted-party rules, or similar legal restrictions.
19.18. Restricted-party representation. By using the System or Services, you represent and warrant that you are not listed on any international or governmental prohibited-party, denied-party, unverified-party, sanctions, debarment, exclusion, or export-control restricted-party list (“Sanctions List”).
19.19. Restricted-party consequences. If you become listed on any Sanctions List, you must immediately discontinue use of the System and Services. Failure to do so may result in suspension or termination of your account or access to the Services.
19.20. Restricted jurisdictions. The Company may restrict, block, or refuse access to the System or Services in certain jurisdictions, territories, or locations at any time.
19.21. Prohibited jurisdictions and circumvention. Persons located in prohibited jurisdictions, or residents of prohibited jurisdictions, are not permitted to use the Services. This restriction applies equally to residents and citizens of other jurisdictions while they are located in a prohibited jurisdiction. Any attempt to circumvent these restrictions, including through VPNs, proxies, false location information, or similar methods, is a breach of this Agreement.
19.22. Survival. This Section 19 will survive termination, cancellation, expiration, or suspension of this Agreement, your account, or your access to the System or Services.

20. Assignment

20.1. You may not assign, transfer, or delegate your rights or obligations under this Agreement without our prior written consent.
20.2. We may assign, transfer, or delegate our rights or obligations under this Agreement, in whole or in part, to an affiliate, successor, acquirer, service provider, distributor, platform provider, the Platform Owner, or other third party, subject to applicable law.

21. Language

21.1. The original language of this Agreement, the Services, the System, and all related policies is English.
21.2. The Company may provide translations, localized versions, subtitles, interface language options, customer support materials, or other language adaptations for convenience or accessibility. These localized versions are provided for convenience only and may not fully reflect the original English version.
21.3. In the event of any inconsistency, ambiguity, discrepancy, or dispute regarding the meaning or interpretation of this Agreement, any policy, any Service description, any checkout information, any System content, or any communication related to the Services, the English version shall prevail to the maximum extent permitted by applicable law.
21.4. Any dispute, complaint, claim, correspondence, notice, or legal communication relating to the Services, the System, or this Agreement shall be conducted in English, unless the Company expressly agrees otherwise or applicable law requires otherwise.

22. Severability

22.1. If any provision of this Agreement is found to be invalid, unlawful, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid, unlawful, or unenforceable provision will be interpreted or modified to the minimum extent necessary to make it valid, lawful, and enforceable.

23. Entire agreement

23.1. This Agreement together with the Privacy Policy, Subscription and Refund Policy, Acceptable Use Policy, and any terms presented at checkout or in a specific offer, constitute the agreement between you and the Company regarding the Services.

24. Contact

24.1. If you have questions about this Agreement, you can contact us through the contact method indicated in the System, via “Contact” / “Contact us” section or by email at hello@omperty.com