For residents of the United States of America: these Terms contain a binding arbitration clause and class-action waiver at Paragraph 16. below. Please read it carefully.
1. About these Terms
1.1. Our App. These Terms govern the provision to you of our mobile application service that assists you in reaching your healthy lifestyle goals (the “App”) and your use of it.
1.2. Accepting these Terms. By downloading and/or using the App, you are agreeing to these Terms and are entering into a binding legal agreement with us incorporating these Terms (the “Agreement”). If you do not agree to these Terms, please do not attempt to download, install or use the App.
1.3. You must be an adult to use the App. You may only agree to these Terms if you are an adult of full legal age of majority in the country or state in which you live (for example, 18 years of age in England). This applies to you even if the age rating for the App indicates that it is suitable for children. If you are not an adult you must ask your parent or legal guardian to use the App on your behalf.
2. Who we are
About us. Ruby Labs has a global presence with legal entities in different territories. This Agreement is entered into by you and Ruby Labs Ltd on behalf of itself and each of its group companies (together, “RubyLabs”, “we”, “our” and “us”). The companies are set out below:
Ruby Labs Ltd, with company number 11382334, whose registered office is at 65 Compton Street, London, United Kingdom, EC1V 0BN; and
Rlabs America Inc, with company number 4311809, and registered office at North Franklin Street, Wilmington, Delaware 19802, USA.
A group company is any subsidiary or holding company of Ruby Labs Ltd and any subsidiary of its holding company from time to time.
3. Our rights and responsibilities
3.1. Reasonable skill and care. We will make available the App to you using reasonable skill and care.
3.2. App uptime. We will use reasonable endeavours to keep the technology powering the App operational, but we cannot guarantee that the App will be available on an uninterrupted basis.
3.3. App maintenance. Your access to the App may be disrupted to allow for appropriate maintenance, repairs, upgrades and the introduction of new functionality and at times unscheduled downtime may be necessary including for security purposes. Further, due to the inherent nature of the internet and mobile phone signal, errors, interruptions and delays may occur in the App from time to time. We will use reasonable endeavours to try to limit the frequency and duration of downtime, to the extent within our control.
3.4. Bugs and viruses. We cannot guarantee that the App will be error, bug or virus-free. As with all software, we recommend that you run a virus checker before use. We also recommend that you have an up-to-date backup of your device before using the App and that you consult your network administrator before installing the App on a networked device.
3.5. Patches and updates. From time to time, we may make it a requirement for you to install patches, updates or additional content to the App in order for you to continue accessing the App, for example, in order to enhance functionality, to add new features or to resolve bugs. We may also perform these updates remotely, including by modifying our software installed on your device, and you acknowledge that we are not required to notify you before doing so.
3.6. Accuracy of App content. We do not make any guarantees that the content or related information provided on the App is accurate or complete including without limitation information about calorie and macronutrient content of food and information about how many calories a user has burned, which is indicative only. Information provided in the App should not be relied upon to make significant changes to your diet or exercise practices.
3.7. Weight loss is not guaranteed. Use of this App may not result in weight loss or improved health.
3.8. Information in the App does not constitute medical advice:
The features and information available through the App are provided as general guidance on lifestyle and food choices only. Our App must not be used to treat any illness or disease. Our coaches are not registered medical practitioners. In no event should their suggestions or the use of the App more generally be considered medical advice or be used by you as a substitute for seeking advice from a registered medical practitioner. If you have any underlying medical conditions, including pregnancy, always consult a registered medical practitioner for advice before using the features on our App or trying our coaches’ suggestions. Weight loss can lead to physical changes. We recommend that all our users attend regular health check ups with registered medical practitioners and seek their advice before implementing any significant changes to their diet or exercise practices. It is your responsibility to make sure that your use of the features of the App and any lifestyle suggestions offered via the App are suitable and safe for you.
4. Your rights and responsibilities
4.1. Account creation. In order to use the App, we will require you to open an account with us and/or a third party (for example, an App Store).To create an account, we will ask you to provide us with certain information about your goals, habits and body profile.You may not create an account with us using an assumed name or someone else’s identity.
4.2. Accounts not transferable. Any account you create in relation to the App is personal to you and you are not entitled to transfer your account to any other person.
4.3. Protecting your login details. If you create an account with us, you agree that you shall take all steps necessary to protect your account and login details and keep them secret. You agree that you shall not give your login details to anyone else or allow anyone else to use your account.
4.4. Loss of login details. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to compensate us for any losses or harm that may result. We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using the App, and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently orotherwise.
4.5. Data loss after account deletion. You understand that, if you delete your account, or if we delete your account in accordance with these Terms, then you may lose access to any data previously associated with your account.
4.6. Restrictions on how you can use the App. You must not:
a) use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
b) infringe our intellectual property rights or those of any third party in relation to your use of the App;
c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
d) use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
e) collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App.
5. Licence grant
5.1. Our intellectual property rights. We own or are licensed to use the intellectual property rights in the App, including our branding and the underlying technologies. You acknowledge and agree that, other than the licence granted to you by these Terms, you shall have no right to use the App. You shall have no ownership rights over the App, including no ownership of any intellectual property rights.
5.2. Grant of licence. In return for your acceptance of these Terms, we grant you the personal right (known as a ‘licence’) to use the App, strictly subject to these Terms, and in particular to the restrictions set out in these Terms.
5.3. Licence conditions. The licence granted to you by us to use the App under these Termsis limited in a number of ways as set out below. This licence is:
a) non-exclusive, meaning that we can grant the same or similar licences to other people as well;
b) personal, not transferable and not sub-licensable, meaning that the licence is only for your benefit and you may not grant the licence to anyone else;
c) revocable, meaning that we can terminate this licence in the circumstances set out in these Terms;
d) non-commercial, meaning that you can only use the App for private domestic purposes and not for commercial purposes;
e) limited to using the App for the purposes we set out in these Terms and for the duration that these Terms are in force; and
f) conditional on your compliance in full with these Terms.
5.4. Restrictions on using the App. You agree that you will:
a) not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
b) not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms or as necessary to make use of any features on the App permitting connection with authorised third party apps or sites;
d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things;
e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App; and
f) not use the App to transmit material (including the content of any message you send in connection with any chat feature enabled on the App) that:
- is defamatory, offensive or otherwise objectionable;
- is pornographic, profane, sexually explicit or indecent;
- promotes violence;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law;
- contains advertising, promotions or commercial solicitations of any kind;
- constitutes or contains false or misleading indications of origin or statements of fact;
- violates, plagiarises or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
- will be likely to harass, upset, embarrass, alarm or annoy any other person; or
- is used to misrepresent your identity or affiliation with any person.
5.5. When a breach of this Paragraph has occurred, we may take such action as we deem appropriate (including but not limited to deleting any messages transmitted via the chat feature).
6.1. Subscription required. Access to certain features of the App is subject to your activating a subscription to the App ("Subscription").
6.2. How to subscribe. You may activate a Subscription in one of the following two ways:
a) You can make an in-app purchase on a third-party app store on which the App is made available, such as Apple App Store and Google Play Store (an "App Store") and following the instructions given by the relevant App Store (an “In-AppSubscription”). All payments in relation to In-App Subscriptions are handled by the third party App Store from which you obtained the App. Payments made to an App Store will be subject to the App Store's own terms and conditions which you should review carefully before activating an In-App Subscription (“App StoreT&Cs”). We will not process any payments from you or make any refunds to you directly if you have taken out an In-App Subscription. Please refer to the App Store T&Cs for the relevant time period for cancellations and for more information on how to do this.
b) You can also make a purchase directly from us on our website using a credit card, debit card, PayPal or other payment method that we permit from time to time (a “Website Subscription”). All payments in relation to Website Subscriptions are handled directly by us.
6.3. Subscription periods. We offer different lengths of Subscription periods from which to choose. We may change the Subscription period lengths that we offer from time to time, but we will not change the length of your Subscription period while it is active. Each Subscription period will automatically renew on the day that it expires for another period of the same length of time. For example, a weekly subscription would automatically renew on the same day each week and a monthly subscription would automatically renew on the same day each month. You will be charged for the following Subscription period in advance on the renewal date, unless you cancel the Subscription in advance of the renewal date in accordance with these Terms.
6.4. Suspension for non-payment. We and/or the relevant App Store may immediately suspend your access to the App if your Subscription is not paid by you until such time as the full amount has been paid. If any amount remains unpaid following our notice to you, we may end your rights under these Terms in accordance with Paragraph 8. below.
6.5. Subscription price changes. If the pricing of our Subscriptions changes, then we and/or the App Store will let you know in advance. Any increase in Subscription fees will not apply to the current period of your Subscription. If you do not agree to a Subscription fee increase, please remember that you can always cancel your Subscription before your next Subscription period starts (see Paragraph 7 below). If you do not cancel your Subscription after receiving notice of a change in Subscription fee, you will be obliged to pay the new Subscription fee from the date on which the next Subscription period commences.
7. How to cancel your Subscription
7.1. How to cancel an In-App Subscription. If you have an In-App Subscription and you would like to cancel it, you will need to do this in accordance with the relevant process required by your App Store. All refunds for In-App Subscriptions will be handled in accordance with your App Store T&Cs. You can find further information on cancelling orders and any associated refunds on the website of the App Store from whom you purchased the In-App Subscription or within the App Store itself. Please make sure you familiarise yourself with your App Store's policy on refunds before you subscribe. Further instructions on how to do this can be found at the following links:
a) Apple App Store: https://support.apple.com/en-gb/HT202039; and
b) Google Play Store: https://support.google.com/googleplay/answer/7018481
7.2. How to cancel a Website Subscription. If you have a Website Subscription and you would like to cancel it, then you must inform us of your decision to cancel with a clear statement. We will acknowledge your cancellation on a durable medium (such as email) without undue delay. You may contact us to cancel your Website Subscription by using one of the following methods:
a) you may contact one of our representatives using the live chat function within the App;
b) you may submit a request at our Help Centre (see Paragraph 14 below); or
c) you may cancel yourself via our self-management portal.
7.3. Effect of cancellation. If you cancel your Subscription, the cancellation will take effect at the end of your then-current paid Subscription period. You will continue to be able to access the App until that time.
7.4. No refunds, except as stated. We do not provide credit, refunds or pro-rated billing for Subscriptions that are cancelled, except as expressly stated in these Terms. We are not able to process any refunds billing in relation to In-App Subscriptions, so if you have an In-App Subscription then you will need to contact the relevant App Store in relation to any requests for a refund.
7.5. Waiver of right of withdrawal for digital content. If you purchase a Website Subscription to the App, this constitutes a purchase of digital content for the purposes of UK and EU consumer law. You will be granted access to the App immediately and you will be required to waive any statutory right of withdrawal under UK or EU consumer law. If you purchase an In-App Subscription, then the App Store T&Cs will apply. Despite the above, we may offer a discretionary free trial under both Website Subscriptions and In-App Subscriptions, as set out at Paragraph 7.6. below.
7.6. Free trials. Any free trial to the App is offered at our discretion and we may withdraw this offer at any time. A free trial to the App will automatically renew as a paid Subscription unless the free trial is cancelled in accordance with these Terms before the end of the free trial period. It may take at least 24 hours if you have an In-App Subscription or 72 hours if you have a Website Subscription to process a cancellation, although we will attempt to process cancellations more quickly where possible. If you request a cancellation of a free trial of a Website Subscription before the end of your free trial and you are charged, please contact us and we will refund you. You will need to contact your App Store in relation to any refunds for In-App Subscriptions (see Paragraph 7.1. above).
7.7. Data deletion after cancellation. If you cancel your Subscription, then we reserve the right to delete your user account data at any time after 14 days from the date when the cancellation of your Subscription takes effect.
8.Our right to suspend or terminate your access to the App
8.1. Suspension for breach of these Terms. We may temporarily suspend your account or access to the App if we have reason to suspect that you have breached any of these Terms.
8.2. Suspension process. If we suspend your account or access to the App:
a)we will use reasonable endeavours to notify you;
b)you will not be able to access your account during the period of suspension, while we investigate the circumstances; and
c)depending on the outcome of our investigation, you may be permanently excluded from using the App, in which case we will use reasonable endeavours to notify you if this happens.
8.3. Ending your rights to use the App. If you are in serious breach of these Terms, we can end your rights under this Agreement immediately at any time and without refunding any payments made by you. If we do this, we will give you notice that we are terminating this Agreement with immediate effect.
8.4. Ending your rights for reasons outside our control. We can also end your rights under this Agreement immediately at any time, giving you as much notice as possible, if we’re forced to do so for technical or operational reasons beyond our control. If we end your access in these circumstances, we will use reasonable endeavours to work with your App Store to facilitate a refund of the proportion of your Subscription fee relating to the period you’ve paid for but for which you have not received access to the App.
8.5. Effect of ending your rights. If we end your rights under this Agreement, you must immediately stop all activities authorised by this Agreement, including your access to the App.
9. App Stores and other third parties
9.1. Relationship of the App Store to you. In order to access the App you will need to download and install it from an App Store. As stated at Paragraph 6.2. above, App Stores will impose their own App Store T&Cs that to govern the use of their services and the App. The App Store T&Cs will form an agreement between you and the App Store and the App Store T&Cs are in addition to this Agreement. We encourage you to read the terms and conditions of third parties carefully before you agree to them. Any breach of the App Store T&Cs shall also be deemed to be a repudiatory breach of this Agreement by you.
9.2. Relationship of these Terms to App Store T&Cs. You must accept these Terms before you may use the App. This applies even if you have purchased an In-App Subscription from an App Store and even if you have accepted the App Store T&Cs.
9.3. Relationship of the App Store to us. The App Stores are third parties. We have no control over the services provided by the App Stores or the App Store T&Cs. We encourage you to carefully review the App Store T&Cs and privacy notices before you use them to download and install the App or purchase any Subscriptions. We accept no responsibility for the App Store T&Cs or an App Store provider's websites, apps, services, practices or privacy policies.
9.4. Links to other services, websites and resources. Where the App contains links to and connects with other services, websites and resources provided by third parties (such as Facebook), we have no control over the contents of those services, websites or resources and we make no warranties or representations as to the legitimacy, accuracy or quality of such third party services. Any external website that you visit by clicking through a link on the App is entirely at your own risk. We accept no responsibility for their content, safety, practice or privacy policies.
10.Our liability to you
10.1. Liability for foreseeable loss and damage. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
10.2. Restrictions on our limits of liability. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation, or for any breach by us of any of your statutory rights.
10.3. Our liability for defective digital content. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, then we will either repair the damage or pay you compensation. But we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
10.4. No liability for commercial use. We only supply the App for domestic and private use. If you use the App for any commercial, business or re-sale purposes then we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.5. Liability for events outside our control. If our provision of the App is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
10.6. Limitations of liability under applicable law. If the consumer law of the country or state in which you are resident does not permit any of the limitations of liability set out in this Paragraph 10., then those limitations of liability shall apply only to the maximum extent permitted by the laws of such jurisdictions. Nothing in these Terms shall affect any statutory rights that you may have as a consumer of the App.
11. Your privacy
Your personal data. When we process your personal data, we do so in accordance with the data protection laws which apply to us and with our Privacy Notice. Please read it carefully.
12. Changes to these Terms
12.1. Our right to change these Terms. We may amend these Terms from time to time to ensure that we remain compliant with applicable laws and regulations and/or to reflect any changes we make to the App or our business practices.
12.2. Notice of changes. Any changes we make to these Terms will be posted on the web page that makes these Terms available, so we recommend that you check back frequently to see any updates or changes made to these Terms. Where the changes are material, we will give you advance notice, which may be by using an in-App notification or by contacting you directly via the email address you supply to us when you register with us.
12.3. Your acceptance of changes. Your continued use of the App after any changes are made will be considered acceptance of those changes and will constitute your agreement to be bound by them. If you do not agree to any new Terms please see Paragraph 7 above for information on how to cancel your Subscription.
13. Help and contact
13.1. Our Help Centre. Should you require any help using the App or in relation to any Website Subscriptions, please visit the following web page on our website: help.ableapp.com. If you need to contact us, please click “Submit a request” within the Help Centre.
13.2. App Store issues. If you have any questions about an In-App Subscription or anything to do with your App Store, then please contact your App Store.
14. Complaints, law and jurisdiction
14.1. Complaints. If you have a complaint, please let us try to resolve it first by contacting us using the details given at Paragraph 13.1. above.
14.2. Disputes. In the event of any dispute, controversy, or claim relating to these Terms (including the Privacy Notice) and/or the App (a “Dispute”), both you and we shall first use best efforts to negotiate an informal resolution to such Dispute for at least 30 days before initiating any formal proceeding. This informal negotiation period will commence upon written notice from one party to the other. In addition, if you are in the European Union, please note that Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at the following website: https://webgate.ec.europa.eu/odr.
14.3. Governing law. This Agreement, and any Dispute, shall be governed by and interpreted in accordance with English law, except for certain claims and disputes, for example, relating to consumer protection, unfair competition and tort, which may subject to the laws of the country or state in which you are resident.
14.4. Jurisdiction. The jurisdiction for any Dispute shall depend on the country or state in which you are resident. You may only bring legal proceedings in respect of a Dispute against us as follows:
a) if your country or state of residence is England or Wales: only in the courts of England and Wales;
b) if your country or state of residence is the United States of America: arbitration proceedings in the United States of America strictly in accordance with Paragraph 16 below, which is entitled "Binding arbitration for residents of the United States of America”; or
c) if your country or state of residence is neither England and Wales nor the United States of America: in the courts of England and Wales or, alternatively, the courts of the country or state in which you are resident, if you are allowed to do so by the laws of the country or state in which you are resident.
15.Other important terms
15.1. Entire agreement. These Terms set out the entire agreement between you and us concerning the App and they replace all earlier agreements and understandings between you and us in respect of the App.
15.2. Transfer of rights. You may not assign or otherwise transfer your rights and obligations under this Agreement for any reason. We may assign and transfer our rights and obligations under this Agreement to another person or company.
15.3. Severability of terms. Each of the terms and conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
15.4. Our relationship. Nothing in this Agreement will create any relationship of partnership, agency or employment between us.
15.5. No waiver. If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under this Agreement. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
16. For residents of the United States of America only: binding arbitration and classaction waiver
16.1. If your country or state of residence is not the United States of America, then the provisions of this Paragraph 16 do not apply to you.
16.2. PLEASE READ THIS PARAGRAPH 16 CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE YOUR DISPUTE TRIED BEFORE A JURY.
16.3. If your country or state of residence is the United States of America, the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in this Paragraph 16 apply to any Dispute between you and us. You further agree that the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Paragraph 16 and this Agreement constitutes a transaction in interstate commerce. The provisions of this Paragraph 16 shall survive any termination of this Agreement.
16.4. As set out in Paragraph 14.1 above, please contact us first if you have a complaint. If you and we have not agreed a resolution within a period of 30 days from the day when you first contacted us to try to resolve matters through informal Dispute resolution, then, subject to the terms below, the Dispute will be finally and exclusively resolved by binding arbitration. Among other things, ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO COURT PROCEEDINGS (INCLUDING A JUDGE OR JURY) IN A STATE OR FEDERAL COURT AND THE GROUNDS FOR APPEAL BY YOU OR US ARE MORE LIMITED. Either you or we may elect to initiate binding arbitration, and the election to arbitrate a Dispute by one party shall be final and binding on the other.
16.5. If either we or you commence arbitration proceedings, all claims arising out of or relating to this Agreement (including its formation, performance and breach), the relationship between you and us and/or your use of the App shall be finally settled by binding arbitration administered by JAMS, a national arbitration body based in the United States of America, and governed in accordance with the provisions of this Agreement and the procedural rules of JAMS that are in effect when the arbitration commences, excluding any rules that permit arbitration on a class or representative basis (the JAMS Rules). For a copy of the JAMS Rules or more information about JAMS and commencing arbitration proceedings, please visit www.jamsadr.com.
16.6. There shall be a single neutral arbitrator appointed by agreement between us in accordance with the Jams Rules. The place (or ‘seat’) of the arbitration shall be New York City, New York. To the extent permitted by the JAMS Rules, you may choose to participate in arbitration remotely by video conference or tele conference. The arbitrator and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. Additionally, the arbitrator shall apply the law of the United States and the arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement. The arbitrator’s award shall be written and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may grant whatever relief would be available to a court under law or in equity. Nothing in this Paragraph 16 shall in anyway limit either party’s rights to bring a limited proceeding in a court of competent jurisdiction to compel arbitration pursuant to this Agreement, to stay a pending proceeding in favour of arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
16.7. YOU UNDERSTAND AND HEREBY AGREE THAT, BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO BRING A LAWSUIT IN COURT AND TO HAVE YOUR CLAIMS HEARD BY A JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, ABSENT THIS MANDATORY PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL; AND THAT, IN SOME INSTANCES,THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN INCOURT.
16.8. YOU AND WE FURTHER AGREE THAT ANY ARBITRATION OR OTHER PERMITTED ACTION SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US, AND SHALL BE CONDUCTED IN YOUR AND OUR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THAT YOU AND WE EXPRESSLY WAIVE OUR RIGHTS TO FILE A CLASS-ACTION OR SEEK RELIEF ON A CLASS BASIS.YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.
16.9. As an exception to the agreement on a binding arbitration under this Paragraph 16 either party may bring legal proceedings in respect of a Dispute before a state or federal court in the United States of America or elsewhere where the legal proceedings only assert claims relating to intellectual property infringement (including claims relating to patents, copyright, moral rights, trade marks and designs, but not claims relating to any licence granted by this Agreement).
16.10. You have a limited right to opt out and not be bound by the arbitration and class action waiver provisions in this Paragraph 16 by sending a written notice of your decision to opt-out marked for the attention of our legal team to the following address: Ruby Labs Ltd, 65 Compton Street, London, United Kingdom, EC1V 0BN. To be effective, your written notice must be received by us within 30 days of your first use of the App, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Paragraph 16. If you choose to opt out of these arbitration provisions, we also will not be bound by them.