MPATHIX MOBILE APP END USER LICENSE AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING OR USING THIS PRODUCT, AS APPLICABLE. THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OR EXCLUDE MPATHIX’S LIABILITY TO YOU AND THAT OTHERWISE IMPACT YOUR LEGAL RIGHTS. THIS AGREEMENT DOES NOT AFFECT YOUR MANDATORY STATUTORY RIGHTS APPLICABLE IN YOUR JURISDICTION, TO THE EXTENT THAT YOU MAY BE ENTITLED TO SUCH MANDATORY STATUTORY RIGHTS.
This Mobile App End User License Agreement (“Agreement” or “EULA”) is a legal agreement between You: individually if You are agreeing to it in Your own capacity; or if you are authorised to acquire the Product (as defined below) on behalf of your company or another entity, between the entity for whose benefit you act (in either case, “You”), and Mpathix Inc. (“Mpathix”) with a principal place of business at 87 Skyway Avenue Suite 200 Toronto, Ontario, Canada M9W 6R3 (together the “Parties” and individually a “Party”).
THIS AGREEMENT REPLACES AND SUPERSEDES ANY PREVIOUSLY EXISTING END USER / PRODUCT LICENSE TO THE EXTENT SUCH AGREEMENTS ARE OTHERWISE APPLICABLE, AS OF THE DATE OF YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT.
THIS PRODUCT IS ONLY AVAILABLE TO YOU IF YOU ARE A CUSTOMER OF A TELECOMMUNICATIONS SERVICES PROVIDER LEGALLY PROVIDING USE OF THIS PRODUCT (“AUTHORIZED CARRIER”). IN ADDITION, THIS PRODUCT IS ONLY AVAILABLE TO YOU IF YOU SUBSCRIBE FOR THE SERVICES REQUIRED FOR PROPER OPERATION OF THE PRODUCT, IF ANY, WITH THE AUTHORIZED CARRIER.
IF THE APPLICABLE PRODUCT IS NOT AVAILABLE TO YOU IN ACCORDANCE WITH THE FOREGOING YOU HAVE NO RIGHT TO USE THE PRODUCT AND YOU SHOULD: (A) PROMPTLY DELETE OR DISABLE THE PRODUCT; OR (B) IF YOU HAVE PURCHASED A MOBILE DEVICE ON WHICH THE PRODUCT IS PRE-INSTALLED BY OR ON BEHALF OF MPATHIX, PROMPTLY ARRANGE FOR THE DISABLEMENT OF THE PRODUCT WITH THE AUTHORIZED CARRIER OR OTHER PERSON FROM WHOM YOU OBTAINED THE MOBILE DEVICE AND ACCOMPANYING PRODUCT.
The Product is provided at no charge and therefore You will not be entitled to any refunds.
1. Definitions. Unless the context requires otherwise, the following terms have the meanings set out below (and where the context so admits, the singular shall include the plural, and vice versa).
“Airtime Service” means wide-area wireless network services, other network services (including wireless local area network, satellite and Internet services) and any other services used in conjunction with the Product.
“Authorized Carrier” means a telecommunications services provider legally authorized to provide use of this Product. “Content” means any audio files, audio recordings, data, text, music, advertisements, sound, ringtone, photograph, graphic, video, message, tag, or other digital material or other digital information.
“Distributor” means any third party involved in the distribution of the Product.
“Documentation” means the applicable installation guide and other standard end user documentation (if any) supplied or made available by Mpathix for the Product.
“Product” means the mobile application provided by Mpathix to You under this Agreement, in whatever form, medium or manner provided or subsequently installed or used.
“Voicemail Box” a voicemail box for which You have subscribed for from, and that is maintained and operated by, the Authorized Carrier.
“Voicemail Message” means a voicemail message that is received by a Voicemail Box.
2. Product and Documentation Licenses.
This Product is licensed and not sold under this Agreement. Subject to the terms and conditions herein and in consideration of Your agreement to the terms and conditions of this Agreement, pursuant to this Agreement, Mpathix grants You a personal, revocable, non-exclusive, non-transferable license that permits You to install and use the Product on Your mobile device only for Your own personal, non-commercial purposes while You remain a customer of the Authorized Carrier and, if necessary, while You remain a subscriber of services required for proper operation of the Product with the Authorized Carrier. The licensed use of the Product may provide You with one of the following, depending on the application: a) a means to access Your Voicemail Messages stored in a Voicemail Box supplied by the Authorized Carrier, or b) a means to make a selection from any number of options presented to You (in some cases together with other information), directly or indirectly, by the Authorized Carrier.
Subject to the terms and conditions herein, You acknowledge and agree that Mpathix, and not any Distributor, is solely responsible for the Product and content thereof.
3. Updates and Upgrades. This Agreement and the licenses granted herein, do not imply any rights or entitlement to future upgrades or updates of the Product. Notwithstanding the foregoing, the Product may include functionality to automatically check for updates or upgrades to the Product, and You may be required to update the Product in order to continue to access or use the Product or other related products or services provided or made available by the Authorized Carrier. Unless You or the Authorized Carrier configures mobile device to preclude the transmission or use of upgrades or updates to the Product, You hereby agree that Mpathix may (but is not obligated to) make such updates or upgrades available to You from time-to-time. Any updates or upgrades provided to You by Mpathix (directly or indirectly) under this Agreement shall be considered the Product.
4. Ownership Of Product. You acknowledge and agree that, save and except for the Product license explicitly granted by the Agreement, all right, title and interest in and to the Product and the Documentation is the sole and exclusive property of Mpathix or its licensors. Mpathix reserves all rights not expressly granted to You hereunder, and for greater certainty, Mpathix shall retain all intellectual property and other proprietary rights in and to the Product and the Documentation. Nothing in the Agreement shall, or shall be deemed or construed to, assign, transfer or convey to You any title, rights or interest in or to any intellectual property, including in or to the Product or Documentation, other than the licenses specifically and expressly granted herein.
5. Usage Terms. You are responsible for all activities with respect to Your use of the Product and agree that You will ensure that:
(a) You will only use the Product in accordance with this Agreement, all applicable laws and regulations, and the applicable Documentation;
(b) You have the right and authority to enter into this Agreement and You are over the age of majority;
(c) Any information that is provided to Mpathix pursuant to this Agreement is true, accurate, current and complete, and so long as You continue to use the Product, You will update such information to keep it true, accurate and complete;
(d) You do not knowingly, after making such inquiries as a reasonable person in Your position would undertake, use or permit others to use the Product in a manner that interferes with, degrades or adversely affects any software, hardware, system, network, Content, or service, used by any person, including the Authorized Carrier, or otherwise has a detrimental effect upon Mpathix, the Authorized Carrier or any of their respective customers or infrastructure or products or services, and You will immediately cease any such activity upon Mpathix or the Authorized Carrier delivering notice of same to You;
(e) You do not use the Product to transmit, publish, post, upload, distribute or disseminate any inappropriate, profane, harassing, abusive, defamatory, libellous, obscene, illegal or deceptive Content;
(f) You do not use the Product to upload, post, email, transmit, or otherwise make available any software or Content that contains any (i) virus, Trojan horse, worm, backdoor, shutdown mechanism, malicious code, sniffer, bot, drop dead mechanism, or spyware; or (ii) any other software or Content likely or intended to (A) have an adverse impact on the performance of, (B) disable, corrupt, or cause damage to, or (C) cause or facilitate unauthorized access to or deny authorized access to, or cause to be used for any unauthorized or inappropriate purposes, any software, hardware, services, systems, or data (“Malware”);
(g) You do not sell, rent, lease, or transfer, or attempt to sell, rent, lease, or transfer, the Product or any Content, or any part thereof, made available to You by Mpathix through the Product or Your entitlement to use the Product to any other person;
(h) You do not use the Product with the systems of any telecommunications carrier other than the Authorized Carrier;
(i) You do not: (i) modify, adapt or otherwise change the Product; (ii) to the maximum extent permitted to be restricted by applicable law, reverse engineer, decompile, disassemble, or otherwise in any manner deconstruct all or any part of the Product; (iii) create derivative works based on the Product or the Documentation; and
(j) You do not use the Product to interfere with or infringe the rights, of any third party, including intellectual property, proprietary or privacy rights.
6. Reproduction Rights. You may not distribute or modify the Product in whole or in part. Except to the extent that Mpathix is expressly precluded by law from prohibiting these activities, You may not copy, reproduce or in any other manner duplicate the Product, in whole or in part, except as expressly authorised in this Agreement or in any Documentation. For the purposes of this provision, “copy” or “reproduce” shall not include copying of statements and instructions of the Product that naturally occurs during normal program execution when used for the purposes described in this Agreement or in the course of making unmodified regular back-ups of the Product or of the computer or system on which the Product is installed, in accordance with industry standard business practices. You may not copy any Documentation or portion thereof other than for Your own personal or internal use and for use in conjunction with Your use of the Product.
7. Acknowledgements Concerning Your Use. You acknowledge and agree that:
(a) In order to use the Product for its intended purpose You must have a mobile device meeting the minimum technical (hardware and operating software environment) requirements specified by Mpathix, as may be updated from time to time and You are responsible for providing and maintaining a compatible mobile device;
(b) In order to use the Product for its intended purpose, (i) You may require access to the mobile wireless network provided by the Authorized Carrier, (ii) any servers or equipment hosted by the Authorized Carrier for the Product must be available for use, and (iii) You are responsible for providing all connectivity required to use the Product;
(c) Airtime Service charges may be charged in connection with Your use of the Product, and You agree that as between You and Mpathix, You are responsible for all Airtime Service charges incurred through such use;
(d) The Authorized Carrier, and not Mpathix, is solely responsible for the operation of any systems used to store and forward messages or data, and that Mpathix has no obligations or responsibilities or liabilities of any kind or nature with respect to the sending, receipt or storage of any messages and data, including, but not limited to, any failure, or delays, to send or receive or access messages and data, or any loss of any messages and data (or portions thereof); and
(e) Mpathix, is not responsible for the collection and analysis of data and has no obligations or responsibilities or liabilities of any kind or nature with respect to data, including but not limited to the presentation of information in the Product, any failure or delays related to the sending, receiving or tallying of data, the use of any data, any results based on submitted data, any notification regarding results or data received, or the operation of any campaign to collect or solicit data.
9. No Technical or Maintenance Support. Mpathix and a Distributor do not, and You acknowledge and agree that Mpathix and a Distributor are not obligated to, provide any direct technical support or maintenance concerning Your use or operation of the Product, or with respect to errors or problems or any kind or nature concerning the Product (“Product Support”). Any available Product Support will be solely provided by the Authorized Carrier by contacting the support email address (or other such contact method) shown in the Information or Help section of the Product, or, if the Product was downloaded from a website, the support email address (or other such contact address) shown on the Product page on such website; provided that You agree that Mpathix shall have no responsibly or liability for any failures or delays or refusals of the Authorized Carrier to provide Product Support to You or in respect of the results of any Product Support provided by the Authorized Carrier or its agents. To the extent that Mpathix is engaged in providing Product Support to and on behalf of the Authorized Carrier, You acknowledge and consent to Mpathix’s use for the purpose of providing Product Support of any information and data which You have supplied to the Authorized Carrier in connection with same.
10. Access to and Use of Data. You acknowledge that in order to provide Product updates or provide Product Support to the Authorized Carrier, improving Mpathix products and services and communicating with the Authorized Carrier in regard to same, Mpathix may receive or collect: (a) certain diagnostics or other technical information concerning Your handheld device, including operating system and application software information and environment information, hardware IDs and model numbers, Wi-Fi, radio or wireless strength and connections, list of installed applications, program or application usage information, data regarding processes running and device configuration, system events, and other information regarding the condition of Your mobile device that may be helpful for the Product diagnostics purposes (“Technical Data”); (b) access to messages, recordings, settings, and configurations related to the Product, if any (all of which may include Your personal information); and (c) access to past data You submitted or attempted to submit through the Product. You agree that Your data will be disclosed to the Authorized Carrier and any third parties authorized by the Authorized Carrier subject to Your agreements with and the privacy policies of the Authorized Carrier. Mpathix will not use or disclose or retain Your personal information to which it may be provided access by the Authorized Carrier for any reason. Mpathix will store Your personal information only as necessary and only for as long as is needed using industry standard physical, technical, organization and administrative safeguards to secure Your personal information against foreseeable risks. Use of Your personal information is subject to Your agreements with and the privacy policies of the Authorized Carrier. You acknowledge that Mpathix is located in Canada and that to provide Product Support and Product updates Your Technical Data and messages (including personal information therein or related there) and any other information You input, upload, or download using or through the Product may be transferred out of Your jurisdiction to Canada, and You consent to same. You are solely responsible for all Content used in connection with or through the Product.
11. Third Parties. The Parties acknowledge and agree that this Agreement is entered into between them and not with any Distributor. You agree that a Distributor shall have no liability or responsibility to You whatsoever in any connection with the Product, including without limitation, in relation to the license, distribution or use of the Product, or the performance or non-performance of the Product, except in the case of and to the extent of the Authorized Carrier’s responsibilities to You pursuant to any agreements between You and the Authorized Carrier. The Parties acknowledge and agree that a Distributor and its subsidiaries shall be third party beneficiaries to this Agreement, and upon Your acceptance of the terms and conditions of this Agreement, a Distributor shall have the right (and shall be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary hereof.
12. Termination. This Agreement is effective until and unless terminated. This Agreement will terminate (a) automatically if You breach or fail to comply with any provision of this Agreement; or (b) automatically if You cease to be a customer of the Authorized Carrier for any reason; (c) immediately if You cease to be a subscriber of any related services required for the proper operation of the Product with the Authorized Carrier; or (d) immediately if Mpathix or the Authorized Carrier ceases to offer, provide or support the applicable Product. You may terminate this Agreement at any time by ceasing to use the Product. Mpathix may terminate this Agreement and/or disable Your ability to use the Product for any reason whatsoever in Mpathix’s sole discretion, including an abuse of the Product by You. Upon any termination, Your right to access and use the Product shall immediately cease and You agree to remove, de-install and destroy the Product and any copies made as permitted herein and You acknowledge that Your removal and de-installation of the Product may remove messages, content, data, or files related to or previously download through the Product and stored on Your mobile device. You acknowledge that the Authorized Carrier or Mpathix may block or suspend or terminate Your access to the Product. Mpathix shall not have any liability to You arising from or related to the termination of this Agreement, or the termination or suspension or blocking of the Product or any rights or licenses granted herein, in accordance with this Agreement. Any termination under this Agreement by Mpathix will be effective without Mpathix obtaining any judicial or administrative consent, approval or resolution whatsoever in Your jurisdiction. You acknowledge that Your termination of this Agreement may not remove any Content You previously submitted or uploaded through or using the Product.
13. Indemnity. You agree to indemnify, and hold harmless Mpathix, its suppliers, successors, agents, authorised distributors, (including the Authorized Carrier) and assigns and each of their directors, officers, employees and independent contractors (each a “Mpathix Indemnified Party”) from any damages, losses, costs or expenses (including reasonable lawyers’ fees and costs) incurred by an Mpathix Indemnified Party, and at the Mpathix Indemnified Party’s request defend at Your expense any third party claim or proceeding brought against the Mpathix Indemnified Party, arising from: (i) Your use of the Product; or (ii) Your breach of this Agreement. No remedy herein conferred upon Mpathix is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative.
14. Limitations. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, ALL CONDITIONS, ENDORSEMENTS, GUARANTEES, ASSURANCES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR TITLE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE, AND ALL OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, ENDORSEMENTS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED AND EXCLUDED. To the maximum extent permitted under applicable law: (i) any implied warranties or conditions relating to the Product to the extent they cannot be excluded as set out above, but can be limited, are hereby limited to ninety (90) days from the date You first installed any portion of the Product; and (ii) a Distributor has no warranty obligation whatsoever with respect to the Product.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MPATHIX BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA OR CONTENT, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH THE PRODUCT, DOWNTIME COSTS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCT, INCLUDING THE USE, INABILITY TO USE, AVAILABILITY, PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCT, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF MPATHIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
To the maximum extent permitted by applicable law, in the event Mpathix is liable for damages, in no event shall the aggregate liability of Mpathix exceed one (1) United States dollar.
ALL LIMITATIONS AND EXCLUSIONS SET OUT IN THIS AGREEMENT APPLY REGARDLESS OF HOW YOU ACQUIRE OR OBTAIN ACCESS TO THE PRODUCT OR ANY THIRD PARTY ITEMS, WHETHER THROUGH THE AUTHORIZED CARRIER OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY; AND (ii) SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN;
THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTIES, CONDITIONS, ENDORSEMENTS, GUARANTEES, ASSURANCES OR REPRESENTATIONS IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THESE EXCLUSIONS MAY NOT APPLY TO YOU.
15. Claims. Subject to Sections 13 and 14 of this Agreement, the Parties hereby acknowledge and agree that a Distributor is not responsible for addressing any claims by You or a third party relating to the Product or Your possession and/or use of the Product, including but not limited to: (i) product liability claims, (ii) any claim that the Product fails to conform to any legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Notwithstanding the foregoing, the Parties hereby acknowledge and agree that in the event of any third party claim that the Product or Your possession and use of the Product infringes that third party’s intellectual property rights, a Distributor shall not be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
16. Law / Disputes. This Agreement is to be governed by and construed under the laws of the Province of Ontario, excluding any body of law governing conflicts of law. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement. The parties irrevocably attorn to the non-exclusive jurisdiction of the Courts of the Province of Ontario in respect of all matters and disputes arising hereunder. You irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and irrevocably consent and attorn to the jurisdiction of the courts located in the Province of Ontario for any such claims arising from or related to this Agreement. The parties specifically agree that disputes shall not be resolved by jury trial and hereby waive all rights to a trial by jury in any matter related to or arising from this Agreement.
17. Legal Compliance. You represent and warrant that: (i) You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. government list of prohibited or restricted parties.
18. Severability. To the extent any provision or part thereof (“Part”) of this Agreement is determined to be illegal, invalid or unenforceable by a competent authority in any jurisdiction, then such determination of that Part will not affect: (i) the legality, validity or enforceability of the remaining Parts of this Agreement; or (ii) the legality, validity or enforceability of that Part in any other jurisdiction, and that Part will be limited if possible and only thereafter severed, if necessary, to the extent required to render the Agreement valid and enforceable.
19. Assignment. Mpathix may assign this Agreement without notice to You. You shall not assign this Agreement in whole or in part without the prior written consent of Mpathix.
20. Notices. All notices or other communications hereunder shall be deemed to have been duly given when made in writing and delivered in person, by courier or deposited in the mail, postage prepaid, registered mail or its equivalent, return receipt requested, and addressed to Mpathix at 87 Skyway Ave. Suite 200 Toronto ON Canada M9W 6R3 Attention: President and to You to at (i) the billing address supplied to Mpathix by the Authorized Carrier; or (ii) electronically transmitted to an email address furnished by You to the Authorized Carrier; or (iii) notice may be duly given when prominently posted on www.mpathix.com/legal/app_eula_en.html.
21. Entire Agreement / Changes. This Agreement constitute(s) the entire agreement between You and Mpathix with respect to the subject matter hereof and there are no provisions, understandings, communications, representations, warranties, undertakings, collateral agreements or agreements between the parties relating to the Product other than as set out in this Agreement. Except to the extent that Mpathix is expressly precluded by applicable law, Mpathix further reserves the right to, within its sole discretion, make changes to this Agreement on a prospective basis, including to reflect changes in or required by law (including, changes to ensure the enforceability of this Agreement) or changes in business practices, by providing You with reasonable notice of the change either electronically (as contemplated by the Notice provision above) or by posting notice of the change at www.mpathix.com/legal/app_eula_en.html and You should regularly review that site for changes. If You continue to use the Product more than sixty (60) days after notice of the change has been given, then You shall be deemed to have accepted those changes. If You have a concern about the change(s) please contact firstname.lastname@example.org within sixty (60) days of notice of the change(s) being given to inquire as to Your options.
22. Language. It is the express will of the Parties that this Agreement and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais. If this Agreement is translated into a language other than English, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. Unless, and only to the extent, prohibited by law in Your jurisdiction, any and all disagreements, disputes, mediation, arbitration or litigation relating to this Agreement shall be conducted in the English language, including any correspondence, discovery, submissions, filings, pleadings, oral pleadings, arguments, oral arguments and orders or judgments.
23. Questions. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE TERMS OF THIS AGREEMENT, PLEASE CONTACT MPATHIX at email@example.com.