Terms of Use

Last Updated: October 7, 2023

Welcome, and thank you for your interest in Daeyoung Chaevi America, Inc. (“Chaevi,” “we,” or “us”) and our website at https://www.chaevi.com, along with our related websites, mobile or other downloadable applications, Chaevi Cards and other products and services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Chaevi regarding your use of the Service.

THESE TERMS ARE IMPORTANT. THEY AFFECT YOUR RIGHTS. PLEASE READ THE FOLLOWING TERMS CAREFULLY AND MAKE SURE THAT YOU UNDERESTAND EACH PROVISION AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE SERVICES PROVIDED TO YOU:

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CHAEVI’S PRIVACY POLICY (https://chaevi.com/en/etc/privacy.php) (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then please do not use the Service and you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND CHAEVI’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY CHAEVI AND BY YOU TO BE BOUND BY THESE TERMS (THIS “AGREEMENT”).

Arbitration Notice. Except for certain kinds of disputes described in Section 19, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND CHAEVI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Chaevi Service Overview: Chaevi is in the business of, among other things, collecting, on behalf of owners (“Hosts”) of charging stations for electric vehicles, fees charged to users by such Hosts for access to their charging stations. Chaevi offers “Chaevi Cards”, available in the form of radio frequency identification cards and/or digital cards via the Chaevi mobile application, that permit users to access to those charging stations on Chaevi network (each, a “Chaevi Enabled Charging Station”) that such users are authorized to use. Chaevi offers Chaevi Cards branded with the Chaevi name, or, in some instances, with the brand of a third party (each, a “Branding Affiliate”). Regardless of such branding, Chaevi remains solely responsible for the operations of Chaevi , including, Chaevi Cards. Except with respect to the negligence or willful misconduct of a Branding Affiliate, you agree to release and hold harmless all Branding Affiliates from any causes of action related to the Chaevi Cards.

Chaevi Account: This Agreement accompanies and is part of each Chaevi account (each, a “Chaevi Account”). Chaevi Cards, as well as redemption codes for credits for digital Chaevi Cards, may be obtained in connection with an offer or program (each a “Program”) offered by Chaevi or one of its partners (each, a “Program Partner”). If you are activating a Chaevi Card or redemption code pursuant to a Program, you acknowledge and agree that additional program-specific terms and conditions (“Program Terms”) shall apply to your participation in such Program. By opening a Chaevi Account, you acknowledge and consent to the terms of this Agreement and the applicable Program Terms, which shall govern your use of your Chaevi Card and Chaevi's mobile application. To the extent there is a conflict between this Agreement and any Program Terms, the Program Terms shall control as it relates to your participation in the Program.

You Agree to:

pay all the fees (“Session Fees”) for access to a charging station initiated by you, or through the use of your Chaevi Card in any manner, including, without limitation, with your Chaevi Card(s) at a station, remotely by a customer service agent at your request or using an application embedded in any smart phone or similar technology;

use your Chaevi Card solely in accordance with instructions provided to you by Chaevi;

use the Service only for personal, non-commercial purposes;

obey all applicable laws and regulations, as well as any policies and rules of the owner of the Chaevi Enabled Charging Station and/or the owner of the property on which the Chaevi Enabled Charging Station is located;

promptly review your statement and notify Chaevi Customer Service of any questions regarding Session Fees. The Session Fees not questioned within 30 days of notice will be deemed valid; and

promptly update online any changes to your name, email address, mailing address, telephone number, and any applicable credit card information, including, without limitation the applicable credit card number, expiration date and billing address when that new information is first known. (See contact information below). You remain liable for all Session Fees billed to your account until you have notified Chaevi Customer Service of any changes in your Chaevi Card(s) or until you have cancelled your account.

Chaevi Billing: Your Chaevi Card may be used to pay Session Fees on any publicly accessible Chaevi Enabled Charging Stations, and on any private Chaevi Enabled Charging Station you are allowed to use. When using your Chaevi Card for payment of Session Fees, your card will be read by the applicable Chaevi Charging Station and a record of your transaction will be created. Session Fees will be charged to your account in accordance with the price configured by the Host. It is your responsibility to be aware of the price charged by the Host for access to the applicable Chaevi Enabled Charging Station. If you use, or allow another person to use, your Chaevi Card on any Chaevi Enabled Charging Station, you agree to pay the fees specified by the Host. You agree that Chaevi may share with the Host any information contained in this Agreement and/or Chaevi Account for purposes of processing and collecting Session Fees, and enforcing network policies.

Minimum Account Balances, Fees and Charges; Cancellation :

Although Chaevi takes a credit card number when you apply for a Chaevi Account, your credit card will not be charged until the first time you use your Chaevi Card at a Chaevi Enabled Charging Station that requires payment. Except as otherwise set forth in applicable Program Terms, at that time, your account will be charged an initial prepaid balance in the amount of ten dollars ($10.00) and the Session Fees associated with your charging session will be deducted from that balance. In addition, you authorize Chaevi to, from time to time, replenish your account, through a charge to your credit card, in an amount equal to the greater of (a) ten dollars ($10.00) or (b) your average monthly fees, each time your account balance falls below the replenishment threshold (currently $5.00), until you have notified Chaevi Customer Service of any changes to your Chaevi Card(s) or until cancellation of your Chaevi Account. To avoid additional charges on your Chaevi Account, you must notify Chaevi Customer Service or cancel your Chaevi Account prior to the next charge. You may cancel your Chaevi Account by e-mailing info@chaevi.com.

You agree that your replenishment amount and replenishment threshold are both subject to change based on your average monthly usage.

You agree to waive all interest or other benefits, if any, which may accrue on any prepaid balances in your Chaevi Card. In the event that the balance in your Chaevi Account cannot be replenished because payment on your credit card is declined, or in the event of any other failure by you to maintain the required balance or properly maintain your account, Chaevi may close your account and, in the case of any negative account balance, institute collection proceedings in order to collect any unpaid balance and, at Chaevi's sole option, all fees, costs or other expenses (including, without limitation, reasonable attorneys fees) incurred by Chaevi in connection with its collection efforts.

Recurring Fees; Cancellation: If you create a Chaevi Account, then you authorize Chaevi or its third-party payment processors to periodically charge, on a going-forward basis and until you have notified Chaevi Customer Service of any changes to your Chaevi Card(s) or until cancellation of your Chaevi Account, all accrued sums set forth in Section 5 or elsewhere in these Terms. To avoid additional charges on your Chaevi Account, you must notify Chaevi Customer Service or cancel your Chaevi Account prior to the next charge. You may cancel your Chaevi Account by e-mailing info@chaevi.com.

Account Suspension: In the event that the balance in your Chaevi Account cannot be replenished because payment on your credit card is declined, or in the event of any other failure by you to maintain the required balance or properly maintain your account, Chaevi may close your account and, in the case of any negative account balance, institute collection proceedings in order to collect any unpaid balance and, at Chaevi's sole option, all fees, costs or other expenses (including, without limitation, reasonable attorneys fees) incurred by Chaevi in connection with its collection efforts.

Chaevi Cards:

If a Chaevi Card fails to operate for reasons other than for abuse or improper use and is returned to Chaevi Customer Service Center, Chaevi will replace that Chaevi Card at no charge.

If a Chaevi Card is lost or stolen, please report such loss or event online, immediately (by deleting your card from your Chaevi Account), or, if you do not have access to the internet, inform Chaevi Customer Service immediately (see contact information at the end of this document). You remain liable for all Session Fees initiated with your Chaevi Card until you have notified the Customer Service Center that your Chaevi Card has been lost or stolen.

Your Chaevi Card usage is subject to the terms of the Chaevi Privacy Policy. For example, you agree that your Chaevi Card usage may be used by Chaevi to analyze averages, trends, and other anonymous patterns of usage, as per the Chaevi Privacy Policy. See https://chaevi.com/en/etc/privacy.php for further details.

Communications:

Push Notifications: When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.

Email: We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

Using the Chaevi Website or Mobile Applications:

You may access and use Chaevi's website and mobile applications to obtain information regarding Chaevi Enabled Charging Station locations, trip mapping and other content and features that Chaevi may make available subject to your full compliance with these Terms. You are responsible for all use of the Chaevi website and mobile apps under your user name. You acknowledge and agree that Chaevi may modify these Terms in any way and at any time, with or without notice. You further acknowledge and agree that, while Chaevi has attempted to provide accurate information on the Chaevi website and mobile apps, such information may change frequently and in no event will Chaevi be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the Chaevi website or mobile apps, or that any such information, materials, or other content is the most up-to date.

Licenses

Limited License: Subject to your complete and ongoing compliance with these Terms, Chaevi grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

License Restrictions: Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; (c) decompile, disassemble, reverse engineer or otherwise derive the source code of the Service (except to the extent such actions cannot be prohibited under applicable law and then, only to extent required); or (d) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

Ownership; Proprietary Rights: The Service is owned and operated by Chaevi. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Chaevi (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Chaevi or its third-party licensors. Except as expressly authorized by Chaevi, you may not make use of the Materials. There are no implied licenses in these Terms and Chaevi reserves all rights to the Materials not granted expressly in these Terms.

Feedback: We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Chaevi an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

Offers from Chaevi Partners:

From time to time, you may receive offers through Chaevi from other organizations. Acceptance and performance under those offers are strictly between you and those organizations. Chaevi does not assume responsibility for any performance by these organizations and you agree to look solely to them, and to release Chaevi from any liability, with respect to any offers you accept. These organizations conduct business for themselves and are not part of the Chaevi business. As such, you should always make sure to review their terms of service and privacy policies so that you may better understand what is being offered, what is expected of you and what may be done with any personally identifying information you provide to them.

Termination:

Either party (being Chaevi or you) may terminate this Agreement at any time and for any reason. You may terminate your account and these Terms at any time by contacting Chaevi Customer Service at info@chaevi.com. If Chaevi requests, or if you wish to terminate this Agreement, you must return all of your Chaevi Cards to Chaevi Customer Service. Except as otherwise set forth in applicable Program Terms, upon termination and your return of your Chaevi Card(s), your pre-paid account balance will be refunded to the credit card on file with your account within thirty (30) days of Chaevi's receipt of your Chaevi Card(s). Following any termination, you remain responsible for payments owed under this Agreement. If your account balance is insufficient to cover outstanding charges, you will remain liable for all such amounts. If such unpaid charges are not promptly remitted, you may become liable for additional service charges, fines, or penalties, and you may be subject to collection actions for any unpaid balance.

Modification of the Service:

Chaevi reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Chaevi will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. If Chaevi makes any modifications to your Chaevi Account, which we reserve the right to do at any time, Chaevi will use commercially reasonably efforts to provide written notification (e.g., online notification). You will be deemed to have received such notice ten (10) days after that notice is provided or published. Such changes will not be effective with respect to you unless you use the Service after the deemed notice date. You agree that all changes become applicable to you when you use the Service after that date.

Third-Party Websites:

The Service may contain links to third-party websites. Linked websites are not under Chaevi's control, and Chaevi is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any content or information with such third-party services. Once sharing occurs, Chaevi will have no control over the information that has been shared.

Indemnity:

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Chaevi, its affiliates, Hosts and Program Partners, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Chaevi Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

Disclaimer of Warranties:

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CHAEVI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. CHAEVI DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND CHAEVI DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR CHAEVI ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE CHAEVI ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 17 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Chaevi does not disclaim any warranty or other right that Chaevi is prohibited from disclaiming under applicable law.

Limitation of Liability:

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CHAEVI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY CHAEVI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 18(4) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CHAEVI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO CHAEVI FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMER, LIMITATIONS AND RELEASE MAY NOT APPLY TO YOU.

Dispute Resolution and Arbitration

Generally: Except as described in Section 19(3), you and Chaevi agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CHAEVI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Exceptions: Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Opt-Out: If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 19 within 30 days after the date that you agree to these Terms by sending (i) a letter to Daeyoung Chaevi America, Inc., Attention: Legal Department – Arbitration Opt-Out, 3003 NORTH FIRST STREET 233 SAN JOSE, CA 95134 and (ii) an email to info@chaevi.com that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Chaevi receives your Opt-Out Notice, this Section 19 will be void and any action arising out of these Terms will be resolved as set forth in Section 20. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

Arbitrator: This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.com, by calling the JAMS at +1-949-224-1810 or by contacting Chaevi.

Commencing Arbitration: Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Chaevi’s address for Notice is: Daeyoung Chaevi America, Inc., 3003 NORTH FIRST STREET 233 SAN JOSE, CA 95134. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Chaevi may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Chaevi will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if Chaevi has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.

Arbitration Proceedings: An arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or Chaevi must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

Arbitration Relief: The arbitrator can award any relief that would be available if the claims had been brough in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Chaevi before an arbitrator was selected, Chaevi will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (i) for judicial review expressly permitted by law or (ii) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

No Class Actions: YOU AND CHAEVI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Chaevi agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision: If Chaevi makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Chaevi’s address for Notice of Arbitration, in which case your account with Chaevi will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability: If Section 8 or the entirety of this Section 19 is found to be unenforceable, or if Chaevi receives an Opt-Out Notice from you, then the entirety of this Section will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 20 will govern any action arising out of or related to these Terms.

Governing Law: This Agreement is to be construed according to the laws of the State of California, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and any conflict of law provisions that would require application of another choice of law. Any dispute arising from or relating to this Agreement shall be arbitrated in Santa Clara, California.

Communications: Please address all inquiries and notices to Chaevi Customer Service in your region.

North America
Address: 3003 NORTH FIRST STREET 233 SAN JOSE, CA 95134
Telephone: +1-888-807-0349
E-mail: info@chaevi.com
Website: https://www.chaevi.com

Notice to California Residents: If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

Notice Regarding App Stores: You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Google Play from Google (each an “App Store”). You acknowledge that these Terms are between you and Chaevi only, not with any App Store, and the App Stores are not responsible for the Service or the content of it. The App Stores have no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify the applicable App Store, and such App Store will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, the App Stores have no other warranty obligation with respect to the Service. The App Stores are not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. The App Stores are not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. The App Stores and their respective subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, they will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.