Terms and conditions to use utobo

Last updated: 07.28.2023

Please read these Utobo User Agreement ("Terms") thoroughly before you engage with our platform or establish an account. By doing so, you confirm that you understand and accept these Terms, which forms a legally binding agreement between you and Utobo, INC., as well as its associated entities, referred to together as “Utobo”, “we”, “us”, or “our”.

IMPORTANT: THESE TERMS CONTAIN AN AGREEMENT FOR ARBITRATION AND A CLASS ACTION WAIVER. This signifies that you agree to resolve any disagreements through arbitration rather than a court case, and you won't join with others to bring a joint lawsuit against us.

To clarify, here's what some key terms mean: Utobo's platform enables you to construct and oversee your digital business (a “online store”), manage your customers, and execute marketing initiatives (an "Email Marketing"), among other features. This platform is run by Utobo and is accessible on our website, termed the “Utobo Site”. Any new tools or functionalities we introduce also adhere to these Terms.

Our "Team" includes our employees and representatives. As a Utobo customer or a representative of an organization that utilizes Utobo, you're known as a "Creator" (or "you"). A "Contact" is someone you communicate with via our platform. "Content" refers to items such as your trademarks, copyrighted materials, products, or services you sell on the platform, and data you upload or distribute in relation to your account or Site.

The rules governing the use of our platform are detailed in these Terms, along with our House Rules, Privacy Policy, the Utobo Data Protection Addendum, and other regulations present in Policy Center (collectively, the “Utobo Policies”). Our Privacy Policy and Cookie Statement outline our practices in handling your data as a Creator. If you don't agree with these rules, you are required to stop using our platform.

Additional rules may apply to certain features, including add-ons to your Utobo account ("Add-ons"). These Terms are applicable to the use of Add-ons unless specified otherwise. By using an Add-on, you consent to its Additional Terms. Some Creators may access unique features based on their previous usage or status.

Updating Terms and Conditions

Utobo has the right to amend or revise these Terms as necessary. Changes will be posted on this page, and come into effect immediately or on the designated date. Using the platform after a change implies agreement with the new Terms. Discontinuing use is necessary if you disagree with the changes. Reach out to us at support@Utobo.com for any queries about the Terms.

Platform Terms and Conditions

Welcome and thank you for choosing Utobo. We highly value our creators and their business ambitions. If you're using the platform for a company or organization, you're agreeing to these Terms on their behalf, assuming you're authorized to do so.

Accessing or using our platform means accepting these Terms, other Utobo Policies, and adhering to all relevant laws and regulations. Utobo is not an educational institution or content provider. We don't employ creators, users, entrepreneurs, customers, experts, or partners, nor do we take responsibility for interactions with customers or contacts, beyond offering the platform. Utobo isn't liable for disputes, claims, losses, injuries, or damages arising from your relationships with your customers or contacts.

Your Utobo Account

Account Registration

To use our platform, subscribe to Utobo and create an account. We need your full legal name, business address, phone number, a valid email, and any other necessary information. We reserve the right to reject subscriptions or cancel accounts at any time.

Please confirm that you're using the platform or other Utobo services for business, not personal or family, purposes.

Eligibility

To open an account and use Utobo, you must:

Be at least 18 years old (or the age requirement in your area) and capable of entering contracts. If not an individual, provide proof that your entity is formed legally under your jurisdiction's laws, have the authority to agree to these Terms, and authorize your representative to bind you to these Terms.

− Complete account registration.

− Agree to these Terms and all others linked within.

− Provide accurate, complete, and current contact and billing information.

− Platform use must align with applicable law. Users in embargoed countries (such as Cuba, Iran, North Korea, Syria, Russia, the Crimea, Donetsk, or Luhansk regions) or on U.S. government watchlists can't use the platform.

By using the platform, you're asserting that you meet all the above requirements, and won't use the platform in violation of laws or regulations.

Utobo reserves the right to refuse service, close accounts, or change eligibility requirements anytime.

Account Management

The account's creator is the contracted party for our Terms and the authorized user of the account provided. Your name or your business's full legal name must be visible on your site.

If you're signing up on behalf of your employer or entity, they will be considered the "Creator." Please use your employer-issued email address and make sure you have the authority to bind them to these Terms.

Account sharing is not permitted. A creator can have multiple sites but a site can be associated with only one creator unless Utobo gives written consent.

Depending on your pricing plan, you may allow employees or independent contractors (Admin Users) to use your account, provided their use benefits you and aligns with these Terms. You're responsible for their access, use, and compliance. Secure your password and any other credentials. Utobo isn't liable for losses or damages from your failure to secure your account. If you suspect unauthorized access, contact support@Utobo.com.

All disclosures and notices can be delivered via your Utobo Dashboard or your primary email. Check your primary email frequently and ensure it can send and receive messages. Keep your contact and payment details up to date.

Technical support is available only to Utobo creators at support@utobo.com. You're responsible for maintaining and backing up your content and contact information. Utobo isn't liable for any failures to store or loss or corruption of such information.

Accounts with no activity for over 12 months may be terminated and their content deleted, though we will try to alert you via email before termination.

Ownership Disputes

In ownership disputes, Utobo may request documentation to verify ownership. We reserve the right to determine rightful ownership and transfer the account accordingly. If ownership can't be determined reasonably, the account may be deactivated until the dispute is resolved.

Payment Obligations and Details

3.1. Charges

As a user of the Utobo platform, you agree to abide by all applicable payment terms and rates as outlined to you. Utobo charges on a subscription basis, with payments made either monthly or annually, depending on the chosen plan ("Subscription Fees"). The billing is managed by third-party processors, Stripe and PayPal, and their processing policies apply. All transactional fees ("Transaction Fees") relating to these processors are also your responsibility. Additional charges ("Additional Fees") may apply depending on the purchase or use of other products or services. Collectively, these are referred to as "Fees".

To ensure smooth transactions, maintain a valid payment method with us. You'll be billed via your selected payment method ("Authorized Payment Method"), and Utobo will continue to charge this method until your Account is terminated and all pending Fees are cleared.

Your payment information, including partial credit card details and expiration date, will be securely stored via our third-party providers, Stripe and PayPal. Please update your payment details as necessary. You authorize us to charge your credit card using any updated information. All fees are in U.S. dollars unless stated otherwise.

3.2. Subscription Plans

Subscription plans for our platform are billed in advance on a recurring, periodic basis ("billing cycle"). Depending on your subscription, billing cycles are either monthly or annually. We will charge your Authorized Payment Method at the beginning of every new billing cycle. You may cancel your subscription at any time; however, the subscription will continue until the end of the current billing cycle.

3.3. Promotions and Trials

From time to time, Utobo may offer promotional offers, plans, or trials. Eligibility for these offers is determined by Utobo. You will be charged the full price of the selected plan following the expiration of any Trial Period unless you cancel prior. We will notify you of the upcoming end of your Trial Period.

3.4. Plan Changes

If you change your plan during a Trial Period, the trial will end immediately. The new rate will be charged to your Authorized Payment Method on your next billing cycle for any upgrade or downgrade in plan level. Any credit due to a plan downgrade will be applied to your next billing cycle(s).

3.5. Taxes

Our listed prices do not include taxes, levies, duties, or similar governmental assessments unless otherwise indicated. If any amount payable to Utobo is subject to taxes, we may collect the full amount from you.

3.6. Price Changes

Utobo reserves the right to change the Fees at any time. You will be notified of any price changes and have the right to cancel your Subscription before the change goes into effect.

3.7. Refunds

If you cancel within thirty (30) days of signing up with Utobo, we offer a full refund. Beyond this period, payments are non-refundable.

3.8. Payment Failures

If Utobo cannot process payment through an Authorized Payment Method, we will make subsequent attempts and notify you of the failure. If Fees remain unpaid 14 days after notification, Utobo may suspend access to your account.

Utobo may terminate your account if the outstanding Fees are unpaid within 30 days of notification.

During account suspension or termination, you may lose access to features, which can impact your ability to provide content, products, and services to your customers. Utobo is not liable for any resulting disputes or damages.

Guidelines for User Content

4.1. Ownership & Responsibility

The ownership of all intellectual property rights of your Content remains with you. Utobo does not lay any claim to your Content. You bear the responsibility for your Content and any consequences arising from its publication. Except for the limited rights necessary for us to operate the Platform and as detailed in these terms, no licenses or rights are granted to us for your Content. If your Content includes third- party material, you acknowledge that Utobo neither represents nor warranties such content.

Please understand that the Platform is not a marketplace and any sale agreement made via the Platform is between you and your Customers. You're responsible for your site, your Content, and for all interactions with your Customers including sales, refunds, and any legal or regulatory obligations.

By using our Platform, you affirm that you possess the necessary licenses and permissions to use or publish your Content, and that your Content and its use by your Customers will not infrave any laws, third-party rights, or our Acceptable Use Policy. You are not permitted to imply that your Content is sponsored or endorsed by Utobo.

You solely decide the pricing and refund policy for your offerings. The Platform allows you to share your Content, including video links, on social media and networking sites, and you bear the responsibility for such distribution and adherence to third-party terms.

You are prohibited from using the Platform for illegal activities and must adhere to laws applicable in your jurisdiction, your Customers' jurisdictions, and the laws of the United States and California.

You can delete your site anytime by removing your Account. Deleting your site, however, does not terminate rights or licenses granted to Utobo for your Content needed to meet obligations under these Terms.

Utobo does not bear any responsibility for your Content's public sharing or your interactions with your Customers. While we reserve the right to monitor disputes, we are under no obligation to do so or to review any submitted Content.

4.2. Limited Rights to Your Content

You grant Utobo a worldwide, royalty-free license to use your Content for hosting, display, distribution, public availability, and other uses. This right extends to any third parties we work with to provide the Platform. Please note, your Content may be transferred unencrypted over various networks and modified to meet technical requirements.

4.3. Use of Your Name

You grant Utobo a non-exclusive, worldwide license to use your site's names, trademarks, and logos to operate, promote, and market the Platform. This license will continue even after these Terms terminate, to the extent required by Utobo to fulfill its obligations.

4.4. Respect for Intellectual Property

Utobo is committed to respecting others' intellectual property rights. If we receive a complaint of copyright infringement involving your Content, we will respond according to the U.S. Digital Millennium Copyright Act (DMCA). If you believe your work has been infringed, please notify us per our DMCA policy.

For complaints involving other intellectual property rights (such as trademark), please contact us at support@Utobo.com.

5. Safeguarding Privacy, Security, and Confidential Information

5.1. Adhering to Data Protection, Security, and Privacy Regulations

We prioritize the protection of personal information belonging to you and your Customers and Contacts. Utilizing our Platform signifies your agreement to our Privacy Policy, which dictates our handling of this personal information. Additionally, you affirm your sole responsibility in complying with all relevant laws and regulations concerning data protection, security, and privacy, including but not limited to the processes involving personal data collection, email marketing, and the use of cookies. If required by law, you must provide a legally compliant privacy and cookie policy to your customers and obtain necessary consent for the usage of cookies on your Site. More information about the usage of cookies can be found in our Cookie Notice and Help Center.

5.2. Privacy Protections

We take the trust you place in us seriously when you provide us your Content. Our Privacy Policy outlines our treatment of your Content that is identified as Personal Data (as defined in our Data Protection Addendum, the “DPA”). We commit to adhere to this policy. You consent to Utobo's usage and sharing of your Content (including Personal Data of your Customers and Contacts) in accordance with our Privacy Policy and relevant data protection laws. Our Data Processing Addendum supplements these Terms and takes precedence in the event of a conflict, except in the cases of Disclaimer and Limitation of Liability, where these Terms prevail.

5.3. Confidentiality Practices

Utobo treats your Content with confidentiality and only uses or discloses it in accordance with the Terms, including the Privacy Policy. Exceptions to this are when your Content: (a) becomes publicly known not due to our breach of the Terms; (b) was known to Utobo prior to receiving it from you; (c) is received by Utobo from a third party without knowledge of a breach of any obligation to you; or (d) is independently developed by Utobo without reference to your Content. Utobo may disclose your Content when legally required, following reasonable attempts to notify you when permitted by law (please refer to our Guidelines for Information Requests for more details).

5.4. Security Measures

Utobo follows industry security standards to store and process your Content. We have implemented technical, organizational, and administrative systems to ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access. Please be aware that no security measures can guarantee absolute protection against unauthorized third parties.

In case of a Security Incident involving unauthorized or unlawful access to, alteration, usage, disclosure, or destruction of Personal Data related to your Account, we will take steps to notify you without undue delay. Any such notification is not an admission of fault or liability on Utobo's part.

6. Intellectual Property Rights of Utobo

6.1. Trademarks of Utobo

These Terms do not grant you any ownership of the Platform or content accessed through the Platform, excluding your Content. Usage of Utobo's trademarks, logos, and brand elements is prohibited unless authorized in writing by Utobo. This includes any variations or misspellings of Utobo trademarks.

6.2. Utobo Platform

The Platform, along with related technology and intellectual property rights, are owned by us or our licensors. Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Platform.

6.3. Feedback and Reviews

We welcome your ideas, suggestions, comments, feedback regarding our Platform. Any submitted Feedback is given voluntarily, without expectations of compensation or credit. You waive all rights to the Feedback, granting Utobo the freedom to use, modify, and distribute it as we see fit. Reviews must be accurate to your best knowledge, and not infringe on any laws or third-party rights. Utobo reserves the right to edit or remove reviews but does not regularly inspect posted Feedback.

7. Additional services

7.1. Utobo Email Through your account, you may create or transmit emails using Utobo's email marketing services (hereinafter "Email Services"). The usage of these Email Services is governed by Utobo's Anti-Spam Policy as well as the following conditions:

1. To ensure a safe digital environment, Utobo employs mechanisms to scrutinize the content of emails sent via the Email Services before they are delivered (hereinafter "Content Scanning"). This action aims to mitigate the risks posed by spam, phishing, or any content that contravenes these Terms, our Acceptable Use Policy, or the Anti-Spam Policy (collectively referred to as "Threats"). By utilizing the Email Services, you explicitly authorize Utobo to conduct such Content Scanning. While we strive for a secure platform, Utobo does not guarantee that the Email Services will be completely free from Threats. Users are responsible for all content generated by their site.

2. Our Email Services are supported by third-party service providers, such as AWS SES, Unlayer Editor. Your usage of our Email Services is also subject to the terms and conditions set by these providers. Violation of these terms is also considered a breach of Utobo's Terms.

3. Utobo and our third-party service providers retain the right to modify or discontinue the Email Services. Utobo holds no responsibility for the actions or links provided by third-party service providers.

4. Users are obligated to understand and comply with all relevant laws, regulations, and rules, and to determine if the Email Services are suitable for them in the context of these laws.

5. Utobo cannot ensure the absolute security of data transmitted over the internet.

7.2. Collaborations with Other Parties; Experts Marketplace

1. Utobo may suggest or provide you with access to software, applications, services, or websites developed by third parties (hereinafter "Third Party Services"), including via the Utobo Experts Marketplace. These tools and integrations are offered for your convenience, and your interactions with these third-party providers (hereinafter "Third Party Providers") are exclusively between you and the provider. By using any Third Party Services, you agree to comply with the terms, policies, and guidelines set by these providers. It is recommended that you review such terms and conduct an appropriate investigation before proceeding with any transaction with a Third Party Provider.

2. The Utobo Experts Marketplace is an online directory of independent entities ("Experts") that offer specialized services to aid you in the creation and operation of your Utobo Site. This service helps you find, hire, and directly communicate with Experts from your account. In the context of these terms, Experts are considered "Third Party Providers", and the services they offer are referred to as "Third Party Services".

3. The use of any Third Party Services through the Platform, the Experts Marketplace, or through Utobo's website is solely at your risk and discretion. It is your responsibility to understand the terms and conditions, and/or privacy policies applicable to these Third Party Services before using them. In some cases, Utobo may receive a share of revenue from Third Party Providers that are recommended to you or with whom you engage.

4. Utobo does not monitor, control, or make any claim regarding any Third Party Services, and we are not responsible for reviewing changes or updates to or the quality, content, policies, nature, or reliability of such services. The availability of any Third Party Services, including through the Experts Marketplace, or the integration of such services with the platform does not indicate or imply endorsement, authorization, sponsorship, or affiliation by or with Utobo. Utobo is not liable for any issues that may arise from your use of any Third Party Services. We highly recommend you seek professional advice before using or relying on any Third Party Services.

5. By installing a Third Party Service for use with the Platform, you confirm that you have agreed to the Third Party Provider's terms and conditions and that you permit us to allow the provider to access your content or data and take actions necessary for the service to function with our Platform.

6. By submitting a request for assistance or other information through the Experts Marketplace, you agree to be contacted by one or more Experts at your primary email address, and you consent to Utobo receiving all email communications exchanged between you and the Experts. Utobo may share your contact details and the background information you submit via the Experts Marketplace with the Experts. Experts may need access to certain admin pages on your Site, and it's up to you to choose which pages the Experts can access.

8. Your Obligations & Our Privileges

8.1 General Guidelines In consenting to these Terms, you agree to adhere to these stipulations:

1. You won't distribute spam, employ acquired, rented, or third-party email address lists, and must comply with all provisions outlined in our Anti-Spam Policy.

2. You will adhere to our House Rules.

3. Our bandwidth is solely for your Content, Campaigns, and Sites. We offer image and data hosting exclusively for use with our Platform, in accordance with these Terms.

4. Our Platform is not designed for children under 13, and we do not knowingly collect their personal information. Your obligation is to adhere to all laws related to children's privacy rights, including COPPA, during your Platform use.

5. Neither you nor your authorized users will misuse the Platform. You will not attempt to modify, distribute, alter, repair, create derivative works of the Platform, or exploit the Platform to avoid fees, exceed usage limits, or develop competitive data sets. You won't use the Platform for any illegal or unauthorized purposes, infringe any laws in your jurisdiction, or violate these Terms or any of our Policies.

6. You will not falsely portray or exaggerate the relationship between us and you. You will not insinuate any association or affiliation between us and you.

8.2 Adherence to Laws and Regulations

1. Your Platform use must be in compliance with all applicable laws and regulations. It is your responsibility to determine if the Platform is suitable for you considering all relevant laws, guidelines, and/or standards that might apply to your Content and business.

2. You promise to adhere to all necessary laws and regulations pertinent to your email Campaigns sent through the Platform. This includes obtaining all necessary permissions and valid consents required to transfer data to us lawfully, post and abide by a publicly accessible privacy notice, comply with Data Protection Laws, and avoid using the Platform to collect, store, or process any health information subject to HIPAA or any other applicable law governing health information.

3. Any information offered by us in help articles, examples, webinars, etc., is provided without any guarantees. We encourage you to consult with legal and tax counsel to ensure compliance with all applicable Laws.

8.3 International Trade Adherence

You agree to comply with all economic sanctions and export control Laws. You agree not to use, export, import, sell, release, or transfer the Platform, our App, any supporting software, or your Content in violation of any such Laws.

8.4 PCI Adherence If you accept payment card transactions via the Platform

you agree to comply with the Payment Card Industry Data Security Standards (PCI-DSS) and, if applicable, the Payment Application Data Security Standards (PA-DSS). You are prohibited from collecting or entering Cardholder Data into any part of the Platform, excluding designated fields.

8.5 Public Spaces

Our public forums include our Slack and Facebook Community and other features such as discussion forums, message boards, blogs, chat rooms, or instant messaging features. You acknowledge that these public forums are for public, not private communications. You remain responsible for any content you upload, submit, post, transmit, communicate, share, or exchange.

8.6 Mobile Networks

Texting If you access the Platform through a mobile network or sign up for our text message programs, your network provider’s rates and fees may apply. You can opt out of receiving text messages from us at any time.

8.7 Privilege to Evaluate Your Content, Campaigns & Sites

We may view, copy, and internally distribute Content from your Campaigns, your Sites, and your Account to develop algorithms and programs ("Tools") that assist us in identifying problem accounts and enhancing the Platform. We may aggregate and anonymize data to create statistical information, which we may use for operation, analysis, improvement, or marketing of the Platform and other products and services.

9. Account Suspension & Termination

9.1. Agreement Duration The duration of this agreement begins on the day you successfully register your account, and will remain in effect until terminated by either you or us, as described below.

9.2. Termination by User You may cancel your subscription at any time via your account settings or by contacting us at support@Utobo.com. Your subscription will then continue until the end of the current billing cycle before termination. Once confirmed, the termination is effective immediately and you will only be billed again for the subscription if you decide to purchase a new one.

9.3. Termination by Utobo Without restricting any other options we have, we can suspend or terminate your account for any reason, without notice, and at any time (unless legally required), including if we suspect fraudulent activities related to your platform use or if you've violated these terms. If your account remains inactive for 12 months, we may also terminate it. The termination of your account and this agreement does not affect any rights or obligations that were established prior to the termination date.

9.4. Consequences of Termination
Upon account termination by either party, the following applies:

1. You will lose access to the platform and your account.

2. Unless otherwise stated in these terms, you won't be eligible for any fee refunds, either full or pro- rated.

3. Any remaining balance for your platform use up to the termination date becomes due and payable immediately.

4. Your site will be deactivated, and customers will lose access to your site and its content.

5. Following termination, we will permanently delete your account and all related data, including your contacts, content, and campaigns.

10. Amendments and Updates

10.1. Alterations to Terms Utobo retains the right to modify these terms at any point for various reasons, such as changes in law, platform updates, or introduction of new features. The most updated version will always be available on our Policy center on our website. If the changes are substantial (as determined by Utobo), we will notify you via email or during your login. Changes that negatively impact your platform use or rights under these terms can be made anytime and immediately for legal, regulatory, security, or fraud prevention reasons, or to limit unsafe, inappropriate, or offensive products or activities. Unless otherwise stated, all changes become effective immediately upon posting. Your continued platform use after the posting signifies your agreement to the changes. If you disagree with the revised terms, you should discontinue platform use.

10.2. Fee Modifications We reserve the right to adjust the fees for the platform or any additional services. You will be notified at least 30 days before any fee changes via email or upon account login.

10.3. Platform and Service Changes Our platform continually evolves. Utobo may add, modify, or remove platform functionalities without prior notice. We may also limit, suspend, or discontinue any specific feature or functionality at our discretion, providing reasonable notice for you to retrieve your content if necessary.

10.4. Downgrade Consequences If you decide to downgrade your account plan, you may lose content, features, functionality, or capacity of your account.

11. Disclaimers & Liability Limitations

11.1. No Promises or Warranties

We at Utobo strive to provide an excellent user experience, but we can't guarantee everything about our Platform. There could be times when the Platform is not available for various reasons. Unless specified in these Terms, and within legal limits, our Platform and the information, guidance, or recommendations within it are provided "AS IS". We don't make any express, implied, or statutory warranties, including those of merchantability, fitness for a particular purpose, data loss, and non-infringement, or regarding the Platform's availability, reliability, or accuracy. The Platform may not meet your specific needs as people use it for various reasons.

11.2. Limited Liability Under applicable laws,

you acknowledge and agree that (a) you assume full responsibility for any loss resulting from your use of the Platform, and (b) Utobo and its team are not liable for any indirect, consequential, special, incidental, punitive, or exemplary damages. This includes any loss of use, data, business, revenues, or profits connected to the Platform and these Terms. We are not liable for any losses or damages if you violate these Terms, even if your account is suspended or terminated as a result.

11.3. Liability Cap Per applicable law, in any month, the total liability of Utobo and its team for issues related to the Platform and these Terms won't exceed what you paid to Utobo for using the Platform the previous month.

11.4. Rights for Consumers Certain jurisdictions have laws that provide consumer rights which can't be overridden by contract or waived by the consumer. If you're such a consumer, nothing in these Terms restricts any of those consumer rights.

12. Indemnification

12.1. Your Responsibility

You agree that you're solely responsible for your Site, and Content. You agree to indemnify Utobo and its team, as allowed by law, from all liabilities, damages, costs (including settlement costs and attorneys' fees and expenses) arising from third-party claims connected to (a) your use of the Platform, (b) your breach of these Terms, (c) your violation of applicable Law, (d) your misrepresentations, (e) disputes between you and others, or (f) a claim that your Content infringes or misappropriates a third party's intellectual property rights.

12.2. Claims Process We'll attempt to provide prompt written notice of the claim, permit you to control the defense and settlement, and reasonably cooperate with you. You may not settle any claim requiring our commitment without our written consent.

13. Dispute Resolution

Arbitration Agreement, Governing Law 12.1. Informal Dispute Resolution Before taking legal action against Utobo, try resolving the issue informally by contacting support@Utobo.com. We'll also try to resolve it by contacting you. If no resolution is reached within 30 days, either you or Utobo may initiate a formal proceeding.

13.2. Legal Jurisdiction

Any judicial proceeding to resolve claims relating to these Terms or the Platform will occur in federal or state courts of San Francisco, California, unless the mandatory arbitration provisions apply. This paragraph doesn’t affect consumer rights to bring disputes in their local courts in certain countries.

13.3. Mandatory Arbitration

If you're a U.S. resident, you agree to resolve any claims relating to these Terms or the Platform through binding arbitration, except as specified under Exceptions to Agreement to Arbitrate. This section's interpretation and enforceability can also be subject to arbitration.

13.4. Governing Law

These Terms will be governed by California law, except for its conflicts of laws principles. Some countries' laws may require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.

14. Other Terms

14.1. Assignment These Terms, and any rights and licenses granted hereunder, can't be transferred or assigned by you without our written consent but may be assigned by us without restriction.

14.2. Entire Agreement These Terms, and any other policy in our Legal and Policy Center, form the full agreement between you and Utobo, superseding any previous or concurrent agreements.

14.3. Independent Contractors You and Utobo are independent contractors, not legal partners, employees, or agents.

14.4. Interpretation The terms "includes", "including", "such as" and similar ones do not limit what else may be included.

14.5. No Waiver Failure or delay in enforcing a provision under these Terms doesn't waive the right to enforce it later.

14.6. Severability If a provision of these Terms is deemed unenforceable, it will be severed, and the remainder of the terms will remain effective.

14.7. Third-Party Beneficiaries Except as otherwise provided, there are no third-party beneficiaries to these Terms.

14.8. Survival Upon termination, related rights and obligations under these Terms terminate immediately, except for those that should survive by their nature.

14.9. Language These Terms are written in English. Any conflicts with translated versions default to the English version, unless prohibited by law.

14.10. California Residents If you're a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

14.11. Contacting Us

You may contact us about the Platform or these Terms at our physical address in 800 W El Camino Real #180, Mountain View, CA 94040, or by email at support@utobo.com.