These Terms of service constitute a legally binding agreement made
between you, whether personally or on behalf of an entity
(“you") and DADA Inc (“we", “us", or “our")
concerning your access to and use of the “www.shinra.ai” website We
reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for any reason.
We will alert you of any changes by updating the “Last Updated"
date of these Terms of Use, and you waive any right to receive
specific notice of each such change. It is your sole responsibility
to periodically review the Terms of Use to stay informed of updates.
The information on this Site is not intended for distribution to any
person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulations, or
which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, any persons who access the
Site while breaking their local laws are doing it on their own
initiative and will have to deal with the consequences when
applicable. The Site is intended for users who are at least 18 years
old. People under the age of 18 are not permitted to use or register
for the Site.
INTELLECTUAL PROPERTY RIGHTS Unless otherwise indicated, the Site
are proprietary property belonging to DADA Inc. and all source code,
database, functionality, software, website design, audio, video,
text, photographs, and graphics on the Site and trademarks, service
marks and logos contained t are owned, controlled by us or licensed
to DADA Inc and are protected by copyright and trademark laws and
various other intellectual property rights and unfair competition
laws of The Seychelles, foreign jurisdiction and international
conventions. Except as expressly provided in these Terms of Use, no
part of the Site, and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission. Provided that you are eligible
to use the Site, you are granted a limited license to access and use
the Site or to download or print a copy of any portion of the
Content to which you have properly gained access solely to your
personal, non-commercial use. We reserve all rights not expressly
granted to you in and to the Site, Content, and the Marks.
The Site and/or the App (or you may be sent via the Site and/or the App) links to other websites (“Third-Party Websites") as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site a or any Third-Party Content posted on, available through, or installed from the Site and/or the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and/or the App and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that the Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site. Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and you should hold us harmless from any harm caused by your purchase of such products and services. Additionally, you should hold us not responsible for any losses sustained by you or harm caused to you relating to resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
These Terms of Use remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain ip addresses) to any person up to our discretion, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site. If we terminate or suspend your account for any reason, it is prohibited to register and create a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
This Terms of Use and your use of the Site are governed by and constructed in accordance with the laws of The Seychelles applicable to agreements made and to be entirely performed in The Seychelles, without regard to its conflicts of law principles.
Informal negotiations To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute" and collectively, the “Disputes") brought by either you or us (individually, a “Party" and collectively, the “Parties"), the parties agree to first attempt to negotiate any dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Exceptions to the Informal Negotiations and Arbitration The Parties agree that the following disputes are not subject to the above provision concerning informal negotiations and binding arbitration: (a) any dispute seeking to enforce or protect, or concerning the validity of, and of the intellectual property rights of a Party, (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal and unenforceable, then neither Party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable, and such dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
You understand and agree that we, our subsidiaries, affiliates, and licensors will not be liable to you or to any third party for any indirect, incidental, consequential, or exemplary damages which you may incur including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages. Certain jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so the above limitations may not apply to personal injury claims.
LAST UPDATED: 29.11.2022
