SOLVELANCER TERMS OF USE
Last updated: June 6, 2021
Welcome to SolveLancer, an online crowd-sourcing platform (the “Platform”), provided by Snapsolve Pte. Ltd. (“Solvelancer”, "we", "us", or "our"). Our principal place of business is located at 1, RAFFLES QUAY, #26-10, SINGAPORE 048583.
These SOLVELANCER TERMS OF USE (these “Terms”) are an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform, including as a downloadable program or app available via our website, or via an app store on your device (e.g., Google Play for Android). For purposes of these Terms, “you”, “your” and “User” means you as the user of the Platform.
These Terms form a legally binding agreement between you and us. Please take the time to read them carefully. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to the terms set out herein.
By accessing or using our Platform, you confirm that you can form a binding contract with us, that you accept these Terms and that you agree to comply with them. Your access to and use of our Platform may also be subject to our Privacy Policy, Community Guidelines and additional terms which are made available to you from time to time. The terms and conditions of any additional agreement can be found directly on the Platform, on our website, or by request, and are incorporated herein by reference.
If you are accessing or using the Platform on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Platform as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
If you access or use the Platform from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined in the relevant “Supplemental Terms – App Stores or Jurisdiction-Specific” section below, and in the event of a conflict between the provisions of the Supplemental Terms – App Stores or Jurisdiction-Specific that are relevant to your jurisdiction from which you access or use the Platform, and the rest of these Terms, the relevant jurisdictions’ Supplemental Terms - App Stores or Jurisdiction-Specific will supersede and control with respect to your use of the Platform from that jurisdiction. Access to the Platform from jurisdictions where the contents or practices of the Platform are illegal, unauthorized or penalized is strictly prohibited. If you do not agree to these Terms, you must not access or use our Platform.
Our Privacy Policy describes our information practices, including the types of information we receive and collect from you and how we use and share this information. By using the Platform, you consent to the terms of the Privacy Policy.
We may amend prior notice, these Terms from time to time, including, for instance when we update the functionality of our Platform or when there are regulatory changes. We will use commercially reasonable efforts to provide reasonable notice to all users and obtain consent of any material changes to these Terms, such as by e-mail and/or placing a notice on our Platform. However, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access to or use of the Platform after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using our Platform.
To access our Platform, you must create an account with us, either: (a) as an individual, for a freelancer account ("Individual User"); or (b) as a corporate or business entity, for a vendor account ("Corporate User"). We may provision different rights, privileges, access rights, and/or features to each kind/type/category of User.
When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us in order to keep such information current and complete.
You agree that you are solely responsible for all activities that occur under your account. It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us at info@solvelancer.com.
Registration of your account shall be subject to our approval, and you shall comply with all requirements as we may prescribe from time to time. Without prejudice to the foregoing, we may at any time:
(a) prescribe eligibility criteria for your registration for an account, use of the Platform or other interaction with us ("User Eligibility Criteria");
(b) require you to submit information for us to verify your identity, qualifications, or that you continue to meet the User Eligibility Criteria; and/or
(c) limit access to and/or suspend your access to the Platform, or terminate your account, without giving any reason therefor.
You will be invited to propose solutions to one or more tasks (comprising questions or problems to be answered or solved within a stipulated time or otherwise) which we may make available on the Platform from time to time (each a "Task").
Each User who meets the User Eligibility Criteria, and who also meets such additional conditions as we may specify in relation to any specific Task from time to time (e.g. completing quizzes to unlock certifications) ("Qualifying User") may submit his/her proposed solution ("Proposed Solution") to the Task before the expiry of the designated time period by which the Proposed Solution must be submitted ("Submission Deadline") for that Task, or before the Task is withdrawn, whichever the earlier. Each Proposed Solution provided by you shall ensure compliance with the Production Guidelines, which may be amended from time to time.
We may, without any compensation to you, withdraw any Task before the Submission Deadline, or modify the Submission Deadline, even if you have accepted the relevant Task and/or commenced work therefor.
You shall ensure that any Proposed Solution you submit should meet such criteria as we may specify in respect of any Task ("Answer Criteria"), including in respect of format, manner of answering, or other requirements as we may publish.
Upon receipt of your submitted Proposed Solution:
(a) we will review and evaluate your Proposed Solution to determine the extent to which your Proposed Solution meets our requirements, and we may assign a score or other grade ("Quality Score") to your Proposed Solution;
(b) we may accept your Proposed Solution if your Proposed Solution meets our requirements, whereupon we will notify you that your Proposed Solution is approved ("Approved Solution"); and
(c) we may reject your Proposed Solution ("Rejected Solution") if we determine your Proposed Solution does not meet our requirements, including where: the Proposed Solution: (i) violates these Terms; (ii) is illegal or objectionable; (iii) violates any third party rights; (iv) is assigned a Quality Score that fails to meet our requirements; (v) does not meet the Submission Deadline and/or Answer Criteria; (vi) is not submitted by a Qualifying User; (vii) has a lower Quality Score than that of another User; and/or (viii) was submitted later than another User.
We shall have no payment or other obligations to you whatsoever in respect of Rejected Solutions or for any Tasks attempted or not completed, or in relation to any Proposed Solution, whether on any quantum meruit basis or otherwise.
As between you and Solvelancer, content on the Services (except Proposed Solution), including the text, software, logos, patents, trademarks, service marks, copyrights, and “look and feel” of the Platform, and all intellectual property rights related thereto (“Solvelancer Content”), is either owned or licensed by Solvelancer.
Subject to the terms and conditions of these Terms, we grant you a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Platform and to access the Solvelancer Content solely through your use of the Platform. We reserve all rights not expressly granted herein an d the Solvelancer Content. You acknowledge and agree that we may terminate this license at any time for any reason or for no reason at any time.
We may from time to time, without giving any reason or notice: (a) add to, upgrade, modify, suspend, or remove, whether in whole in part, any part of the Platform (including to remove or disable access to any content on the Platform); (b) require you to undertake software or hardware updates as a condition of your continued access to the Platform, and we may terminate your User Account and/or access to the Platform if you fail to do so; and/or (c) modify the hardware or software specifications required for use in connection with the Platform.
Except as expressly permitted under these Terms or in writing by us or allowed by applicable laws, you shall not (and shall not allow, permit, or assist any person to):
In addition to the above, your access to and use of the Platform must, at all times, be compliant with our Community Guidelines.
We reserve the right, at any time and without prior notice, to remove or disable access to the Platform at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to the Platform may include finding the content objectionable, in violation of these Terms or our Community Guidelines or otherwise harmful to the Platform.
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Platform, you agree not to use the Platform to infringe any intellectual property rights, for example uploading copyrighted material of a third party without their consent. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
Users will be permitted to upload and submit solutions to the Platform. You shall be solely responsible for your own Proposed Solutions and the consequences of submitting your solutions on or to the Platform. You further agree that you will not submit to the Platform any solutions or materials that are contrary to applicable local, national, and international laws and regulations.
It is agreed between the parties that for all the Approved Solutions (including any work in progress) developed, to the fullest extent as permitted under applicable law, you hereby irrevocably license to us, all worldwide, exclusive, fully paid/royalty free, transferable and perpetual rights and license of titles and interests in and to the solutions provided by you including the rights to sub-license, access, use and all patrimonial intellectual property therein (i.e., future products, services, business derived therefrom).
For each Approved Solution meeting ("Payment Criteria"), subject always to the due and timely performance by you of all of your obligations under these Terms, we will pay you such sums ("Relevant Sums"): (a) specified in each Payment Statement (defined below) as having been accrued to you; (b) within 45 days of the date of the Payment Statement, or on such other credit terms set out in the Payment Statement, whichever is longer; and (c) in the manner and form (and such currency) as we may specify to you, and according to such payment information (e.g. bank account details) as we may have of you in our records from time to time.
We have the right to determine whether the Payment Criteria is met in relation to each Approved Solution, and in this regard we may rely on our own records and accounts.
We will provide you with a report ("Payment Report") on a monthly basis (on the "Workload" interface or other channels we may specify) listing estimated Relevant Sums payable to you for such accounting period as we may specify, and you agree and acknowledge that:
If you are an Individual User, after the Payment Statement generated, we will credit your Relevant Sums to your balance on Solvelancer (“Balance”). Your Balance is not transferable to other users on the Platform, and you may not deposit to increase your Balance. We reserve the right to deduct your Balance if you are in breach of these Terms and/or any of our policies.
If you are a Corporate User: (a) payment of Relevant Sums may be subject to you or your employer entering to such other agreement as we may specify; and (b) notwithstanding anything in these Terms, our payment obligations of the Relevant Sums under these Terms shall only be to the corporate or business entity registered for your account, and not to each user individually.
At any point, an Individual User can see the available amount of Balance he/she has accrued on a real-time basis by checking their user account.
You can choose, by selecting the relevant options in your account, to withdraw your Balance.
Before you request to withdraw your Balance, you shall add a payment method that we support in your region. By choosing your payment method, you acknowledge that the payment method you use is the payment method that enables us to make payments according to these Terms. The applicable cash payment will be made directly into your nominated bank account, PayPal account or other third-party payment channel account (if applicable). It is your responsibility to ensure that the payment method you use is able to process our payments
You shall furnish accurate payment information to us, in such form and manner as we may require. If any such payment information furnished by you is inaccurate, we shall have no liability whatsoever to you in connection with the payment according to such payment information.
Any payment to you is at all times subject to all applicable laws in the region where you reside or receive the payment. You agree that we have the right to manage, regulate, control, modify and/or eliminate such withdrawal feature where we have a valid reason to do so such as where we reasonably believe you have violated these Terms or any of our policies , you are in breach of any applicable law or regulation or for legal, security or technical reasons, and that we will have no liability to you based on our exercise of such right.
Each request for withdrawal shall be subject to additional rules and requirements displayed at the point of your request. We may change the thresholds and/or limits for withdrawal, as well as other information displayed on related pages at any time, subject to any mandatory laws or regulations in the region where you reside.
The payment providers for your payment method may charge you fees when processing the payment, according to the agreements you have concluded with them; for more information, please refer to your applicable agreements (e.g. PayPal user agreement available on PayPal official website or to the contract stipulated with your bank).
If you select "PayPal" as your payment method: (i) to hold a PayPal account, you need to be 18 years old or more and successfully complete all applicable Paypal verification procedures; and (ii) should you have any problem withdrawing the funds from your Paypal account, please contact PayPal directly. If you select "Bank Transfer" as your payment method: (i) you must be at least 18 years old and have an active bank account before you may transfer any balance into your account; and (ii) should you have any problem withdrawing your funds to your bank account, please contact your bank directly.
We reserve the right to verify your identity, age and eligibility qualifications to our satisfaction prior to making any payment.
Although we aim to fulfil all withdrawal requests in a timely manner, we do not guarantee fulfilment within a specific period of time (including any estimated timings set out at the time of withdrawal) and we will not be liable to you or any third party for any failure to fulfil a withdrawal request within such time.
All payments due to you under these Terms are and shall be inclusive of all taxes, duties, levies, tariffs and other governmental charges (including, without limitation, Goods and Services Tax or equivalent) (collectively, “Taxes”). You shall be solely liable for and shall pay any and all Taxes (including any related interest, fines and/or penalties) resulting from any payments made hereunder.
If we are required by law to deduct or withhold Taxes from any payments due to you under these Terms, then we shall have the right to deduct or withhold such Taxes and pay to you the remaining net amount after the Taxes have been deducted or withheld. For the avoidance of doubt, you shall be solely liable for bearing the Taxes deducted or withheld by us.
To the maximum extent permitted by applicable laws, you agree to defend, indemnify, and hold harmless Solvelancer, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, YOU AGREE AND ACKNOWLEDGE THAT:
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT SHALL SOLVELANCER AND ITS RELATED CORPORATIONS, AS WELL AS THEIR RESPECTIVE EMPLOYEES, SERVANTS, OFFICERS AND AGENTS (EACH AN "INDEMNITEE") BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSSES, FINES, OR PENALTIES, EVEN IF INFORMED OF THE POSSIBILITY THEREOF, ARISING FROM OR IN CONNECTION WITH:
TO THE EXTENT NOT EXCLUDED, SOLVELANCER'S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS, SUITS, DEMANDS, ACTIONS OR OTHER LEGAL PROCEEDINGS IN CONNECTION WITH THESE TERMS, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, SHALL NOT EXCEED USD 1000.
YOU HEREBY UNCONDITIONALLY AND IRREVOCABLY UNDERTAKE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH INDEMNITEE FROM AND AGAINST ANY AND ALL LOSSES WHICH MAY BE SUSTAINED, INSTITUTED, MADE OR ALLEGED AGAINST (INCLUDING WITHOUT LIMITATION ANY CLAIM OR PROSPECTIVE CLAIM IN CONNECTION THEREWITH), OR SUFFERED OR INCURRED BY ANY INDEMNITEE, AND WHICH ARISE (WHETHER DIRECTLY OR INDIRECTLY) OUT OF OR IN CONNECTION WITH:
Applicable Law and Jurisdiction. Subject to the Supplemental Terms – Jurisdiction Specific, these Terms, their subject matter and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
Security. We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Platform. You should use your own virus protection software.
Age Limit. The Platform is only for people 18 years old and over. By using the Platform, you confirm that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the Platform, we will terminate that user's account.
Entire Agreement. These Terms, together with any terms or document referenced or incorporated herein, constitute the whole legal agreement between you and Solvelancer and govern your use of the Platform and completely replace any prior agreements between you and Solvelancer in relation to the access to and use of the Platform.
No Partnership. You acknowledge that you and Solvelancer are independent contractors, and nothing in these Terms shall create, or be deemed to create, a partnership. Nothing in these Terms shall be deemed to either directly or indirectly create a relationship of an employer, agent, associate or representative between you and Solvelancer, and these Terms are executed solely on a principal to principal arrangement.
No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right in these Terms.
Set-Off. We may at any time without notice to you set off any of our liability to you or any sums due from you against any liability of you to us or any sums payable by us to you, whether any such liability or sums payable has arisen or will arise in the past, present or future, liquidated or unliquidated, and whether or not any such liability or payment arises under these Terms or otherwise howsoever. Any exercise by us of our rights under this Clause shall not limit or affect any other rights or remedies available to us at law or in equity or these Terms or otherwise. All amounts due under these Terms from you to us shall be paid in full without any set-off, counterclaim, deduction or withholding.
Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
No Assignment. You may not assign any of your rights or delegate your obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of us. We may assign these Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
Third Party Rights. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B of Singapore) to enforce any term of these Terms.
Any Questions? Get in touch at info@solvelancer.com.
Supplemental Terms – App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:
Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
Supplemental Terms – Jurisdiction-Specific
INDIA
If you are using the platform from India, the following additional terms apply. If any conflict arises between the main Terms and Conditions and these Supplementary Terms, these Supplementary terms shall prevail.
Content Classification. In terms with the Information Technology Act, 2000 and rules framed thereunder, the Content available on this platform is educational content and is suitable for children as well as people of all ages and rated as “U”.
Performance of Tasks
(i) Question Answering
A Qualifying User may submit his/her proposed solution ("Proposed Solution") to the Task before the expiry of the designated time period by which the Proposed Solution must be submitted ("Submission Deadline") for that Task, or before the Task is withdrawn, whichever the earlier. Each Proposed Solution provided by you shall ensure compliance with the Production Guidelines, which may be amended from time to time.
We may, without any compensation to you, withdraw any Task before the Submission Deadline, or modify the Submission Deadline, even if you have accepted the relevant Task and/or commenced work therefor.
You shall ensure that any Proposed Solution you submit should meet such criteria as we may specify in respect of any Task ("Answer Criteria"), including in respect of format, manner of answering, or other requirements as we may publish.
Upon receipt of your submitted Proposed Solution:
(a) we will review and evaluate your Proposed Solution to determine the extent to which your Proposed Solution meets our requirements, and we may assign a score or other grade ("Quality Score") to your Proposed Solution;
(b) we may accept your Proposed Solution if your Proposed Solution meets our requirements, whereupon we will notify you that your Proposed Solution is approved ("Approved Solution"); and
(c) we may reject your Proposed Solution ("Rejected Solution") if we determine your Proposed Solution does not meet our requirements, including where: the Proposed Solution: (i) violates these Terms; (ii) is illegal or objectionable; (iii) violates any third party rights; (iv) is assigned a Quality Score that fails to meet our requirements; (v) does not meet the Submission Deadline and/or Answer Criteria; (vi) is not submitted by a Qualifying User; (vii) has a lower Quality Score than that of another User; and/or (viii) was submitted later than another User.
We shall have no payment or other obligations to you whatsoever in respect of Rejected Solutions or for any Tasks attempted or completed, or in relation to any Proposed Solution, whether on any quantum meruit basis or otherwise.
(ii) Quality Control
A Qualifying User may check whether the Proposed Solution meets the Answer Criteria and assign a Quality Score to Proposed Solutions (“Quality Check”) before the expiry of the designated time period. You need to look out for any conceptual and format errors based upon the QC guidelines shared with you which may be amended from time to time. You can take a suitable action as pass/reject/skip the Proposed Solution (with proper comments).
(iii) Online Tutoring
We offer this feature on our sister App, ‘SnapSolve’ wherein we provide solutions within a stipulated time period to questions posted by users on SnapSolve. A Qualifying User shall be required to submit a solution within the stipulated time limit of receipt from us of a query raised to us.
Users on SnapSolve may reject your solution if your solution does not solve their problems. You may be required to re-submit a solution. We shall have no payment or other obligations to you whatsoever if you fail to solve problems raised by users on SnapSolve.
(iv) Video Production
You may take a Task according to your preferred subject and grade and provide correct solutions and analysis in video format. You need to write and record a given statement, the main body of the analysis and final solution of the question (all by different colours). You need to use screen recording software, audio recording, and digital panel for submission. We may accept your video if your video meets our requirements, whereupon we will notify you that your video is approved ("Approved Video")
Compensation and Payment
For each Approved Solution meeting, each Quality Check and each Approved Video meeting ("Payment Criteria"), subject always to the due and timely performance by you of all of your obligations under these Terms, we will pay you such sums ("Relevant Sums"): (a) specified in each Payment Statement (defined below) as having been accrued to you; (b) within 45 days of the date of the Payment Statement, or on such other credit terms set out in the Payment Statement, whichever is longer; and (c) in the manner and form (and such currency) as we may specify to you, and according to such payment information (e.g. bank account details) as we may have of you in our records from time to time.
We have the right to determine whether the Payment Criteria is met in relation to each Approved Solution, and in this regard we may rely on our own records and accounts.
We will provide you with a report ("Payment Report") on a monthly basis (on the "Workload" interface or other channels we may specify) listing estimated. Relevant Sums payable to you for such accounting period as we may specify, and you agree and acknowledge that:
If you are an Individual User, after the Payment Statement generated, we will credit your Relevant Sums to your balance on Solvelancer (“Balance”). Your Balance is not transferable to other users on the Platform, and you may not deposit to increase your Balance. We reserve the right to deduct your Balance if you are in breach of these Terms and/or any of our policies.
If you are a Corporate User: (a) payment of Relevant Sums may be subject to you or your employer entering to such other agreement as we may specify; and (b) notwithstanding anything in these Terms, our payment obligations of the Relevant Sums under these Terms shall only be to the corporate or business entity registered for your account, and not to each user individually.
BRAZIL
If you are using the Platform in Brazil, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
Accepting the Terms. To use or access the Platform, you must agree with the Terms. Be aware that the provisions herein will govern the relationship between you and the Platform. If you do not agree with all terms below, you will not be allowed to use or access the Platform. Your access to and use of our Platform is also subject to our Privacy Policy, which you also have to agree with, and the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and is incorporated herein by reference.
Changes to the Terms. In the case of relevant changes that require the user´s consent, we will present the new Terms to obtain your consent in relation to the new Terms.
Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by Brazilian law. You and we both agree that the courts of Brazil will have exclusive jurisdiction.
No Employment Relationship. You acknowledge that you are not an employee of the Platform and that you will provide the service as an autonomous professional, without an employment relationship, on a casual, non-exclusive, non-subordination basis and upon receipt of compensation in accordance with the provisions of the Terms and exclusively for the service provided.
Use of the Platform. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the Platform. We do not guarantee that the Platform can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the Platform is or will be available in any particular geographic location. As part of the Platform, you may receive push notifications or other types of messages directly sent to you in connection with the Platform (“Push Messages”). You acknowledge that, when you use the Platform, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Platform or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Platform, including your receipt of Push Messages. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Platform on your mobile device, including for your receipt of Push Messages.
MEXICO, ARGENTINA AND CHILE
If you are using the Platform in Mexico, Argentina or Chile, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
Applicable Law and Jurisdiction. Depending on your location, these Terms, their subject matter and their formation, are governed by local consumer protection laws. You and we both agree that the courts of local jurisdiction will have exclusive jurisdiction.