Terms of Use

Last updated: April 21, 2024

These Terms of Use (the “Terms”) set forth the terms and conditions under which individuals may access and use the on-device mobile application installed on a user’s device or the website offered by EUMIUS Inc. (“EUMIUS”, “we”, “our” or “us”) that is located at [eumi.us], all associated websites linked to [eumi.us] by EUMIUS or its affiliates, any other website or mobile app that links to these Terms, and the services provided via such websites and/or apps (the “Services”). Please read these Terms before using the Services. By indicating acceptance of these Terms via click through, electronic signature or other electronic means offered by EUMIUS or by otherwise using the Services, you are entering into a legal contract with EUMIUS, Inc. and you hereby accept the terms of and agree to the Terms. You represent and warrant that you have the right, capacity, and authority to enter into these Terms. If you object to anything in these Terms, do not use the Services.

Additional terms and conditions may apply to your use of certain features of the Services, including the purchase of any paid subscription Services (collectively, “Additional Terms”). If there is a conflict between these Terms and any Additional Terms, the applicable Additional Terms shall control with respect to your use of such portions of the Services. In addition, if you are accessing the Services on behalf of an organization or entity, and such organization or entity has entered into a separate, written agreement with EUMIUS, the terms and conditions of such separate agreement will control in the event of any conflicts.

IMPORTANT NOTICE: THESE TERMS INCLUDE AN ARBITRATION PROVISION REQUIRING BINDING ARBITRATION OF DISPUTES AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. IF YOU DON’T WANT TO BE SUBJECT TO ARBITRATION, YOU CAN OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE ARBITRATION PROVISION.

1. Our Services

EUMIUS offers various Services, including access to its automated intelligent care assistant system (“Smart Caregiver Assistant” or “SmartAssist”), to help its users assess care and other needs, create plans, and find and coordinate care and other resources for themselves or on behalf of another individual (a “Care Recipient”). Family members or other unpaid caregivers who access and use our Services on behalf of a Care Recipient are referred to herein “Caregivers.” The Services we offer include, among others, assisting Care Recipients and/or Caregivers in locating individuals who provide various types of care, legal services, and other personal services, creating plans for end of life and after life care such as advance directives, identifying resources for support and financial assistance, assisting with purchases of medical equipment and other products needed by a Care Recipient, providing access to content libraries with resources that may be of use to Care Recipients and/or Caregivers, and enabling multiple Caregivers to link their accounts to enable them to coordinate care for a Care Recipient (a “Care Circle”).

EUMIUS’s Services are not available to parties acting as Covered Entities, or Business Associates of Covered Entities, as defined by HIPAA. When you use EUMIUS, you are representing that you are not a Covered Entity or a Business Associate of one, and you thus are not placing Protected Health Information on EUMIUS.

EUMIUS’s Services do not include any medical, diagnostic, treatment or clinical services, nor does EUMIUS engage in any conduct that requires a professional license.

EUMIUS reserves the right to modify or update the Services from time to time, or to suspend or discontinue our Services, or any part of our Services, at any time. EUMIUS will not be liable to you or to any third party should it exercise such rights. If any modifications or updates to the Services are made available to you by EUMIUS, these Terms will govern such updates, unless the update is accompanied by a separate license in which case the terms of that license will apply.

2. Accounts and Care Circles

Whether you are a Care Recipient or a Coordinator, you will need to register and create an account to use certain of our Services (an “Account”). You must be at least 18 years old and reside in the United States to create an Account and to use our Services.

Once you have created an Account, you may elect to create a Care Circle and invite others to join such Care Circle. EUMIUS offers two different roles for Accounts that are linked to a Care Circle – “Owners” are responsible for the creation of the Care Circle, inviting other Caregivers or Care Recipients, as applicable, to join the Care Circle, and for any payments for Services associated with such Care Circle, and “Contributors” are other Caregivers or Care Recipients, as applicable, who accept an Owner’s invitation to participant in a Care Circle. For Care Circles that you create, you will be deemed the Owner of that Care Circle. If you need to transfer the Owner role for a Care Circle to another Contributor of such Care Circle, please contact EUMIUS at support@eumi.us.

In addition, you agree that:

You will register your Account in your own legal name, even if you are coordinating care for another individual, and will otherwise provide accurate, current and complete information in connection with your registration for an Account and use of the Services;
If you are registering an Account to coordinate care or otherwise use the Services on behalf of another individual (i.e. the Care Recipient is not you), you have obtained such Care Recipient’s consent to create an Account to coordinate care on their behalf, to invite any other Caregivers to join the applicable Care Circle, and to share any personal data related to that Care Recipient that you or another Caregiver uploads or otherwise shares with EUMIUS or otherwise via the Services;
You are solely responsible for any and all use of your Account (and any Care Circle for which you are the Owner) and all activities that occur under or in connection with your Account (and any Care Circle for which you are the Owner);
You will not allow another person to use our Services with your Account and will not access our Services under anyone else’s Account;
You will not use your Account for any commercial or promotional purpose;
You will not use any of our Services to create, receive, maintain or transmit any sensitive information or data, including “protected health information” (as defined in 45 CFR § 160.103 and other applicable law), or use our Services in any manner that would make EUMIUS your or any third party’s “business associate,” as defined under 45 CFR § 160.103 and other applicable law;
If EUMIUS disables your Account, you will not create another Account without our consent; and
You are responsible for maintaining the confidentiality and security of your Account credentials.

EUMIUS is not responsible for any losses arising from the unauthorized use of your Account or access to a Care Circle. You will notify us immediately if you find out that your Account is being used without your permission. You are solely responsible for any decisions to create or join a Care Circle, to invite other users to a Care Circle that you have created, and to otherwise share any information or communicate with any other users of the Services.

EUMIUS reserves the right, but is not obligated, to utilize third party service providers to verify on an ongoing basis that Account data submitted by you is accurate. You agree that EUMIUS may conduct any such verification and take such action in response as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your access to the Services.

3. Privacy

Your privacy is important to us. Our Privacy Policy (available at eumi.us/privacy) describes how we collect, use, and disclose information about you. Please read our Privacy Policy carefully so you understand how we use and share information we collect about you.

4. Your Use of the Services

You may be able to interact with others through our Services, including by viewing content created by others or communicating with others. You are solely responsible for your interactions with other people through our Services. EUMIUS may, but has no obligation to, monitor your (or another user’s) use of the Services to ensure that you are following these acceptable use requirements.

You agree that you will not, nor enable or permit others to:

Use our Services in a way that negatively affects others or our ability to provide the Services;
Use our Services to provide inaccurate information or for any illegal or unauthorized purpose;
Use any technology or other means not authorized by us to access our Services or to extract data;
Attempt to gain unauthorized access to any Services, including by trying to circumvent any restrictions;
Attempt to decipher, decompile, reverse engineer, disassemble, reproduce, modify, copy, distribute, publicly perform, publicly display or create derivative works of the Services or the source code of the software used to provide the Services (except as and only to the extent permitted by applicable law);
Use our Services in excess of any applicable technical or capacity limitations;
Use our Services to create a competitive product or service, or for benchmarking or vulnerability testing purposes, except as authorized by EUMIUS in writing;
Share data regarding another individual using the Services without their consent; or
Infringe upon or violate the rights of EUMIUS, other people in our community, or any third party.

By using our Services, you understand that EUMIUS does not endorse or actively review any content posted or sent by others within our Services, including content describing potential care services or caregivers. EUMIUS will not be responsible for any liability incurred as the result of your interactions with others, your use of content provided by other people, or your decision to share your information with others. Your use of any content provided by other people, any interactions with others, and any decision to share your information with others is your responsibility and at your own risk.

In addition, EUMIUS does not employ any caregivers or other service providers that it may recommend, and is not responsible for the conduct, whether online or offline, of any caregiver, service provider, or other user of the Services. EUMIUS does not make any representations about the suitability, reliability, timeliness, or accuracy of the information or services provided by caregivers, service providers or other users of the Services, or their integrity, responsibility or suitability to provide care or other services. You are solely responsible for, and hereby agree to assume all risks associated with, your decision(s) to obtain any care or services, even if recommended by EUMIUS, including, without limitation, the risk of illness, injury or death. You further agree that you are solely responsible for interviewing, vetting, performing any background and reference checks you deem appropriate on, verifying information provided by, and selecting appropriate caregivers, service providers, or other resources for yourself or on behalf of a Care Recipient. Any disputes or other issues between you or a Care Recipient on whose behalf you are acting and any caregivers or service providers must be resolved directly with such caregiver or service provider – EUMIUS will not be responsible for resolving any such issues.

YOU HEREBY REPRESENT, UNDERSTAND, AND EXPRESSLY AGREE TO RELEASE AND HOLD EUMIUS AND EUMIUS’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, PARENTS, SUBSIDIARIES, OTHER AFFILIATES, SUCCESSORS, ASSIGNEES, AGENTS, AND REPRESENTATIVES (“AFFILIATES”) HARMLESS FROM ANY CLAIM OR CONTROVERSY THAT MAY ARISE OUT OF THE ACTIONS OR INACTIONS OF, ANY INFORMATION PROVIDED BY, OR THE RELATIONSHIP BETWEEN, YOU AND ANY CARE RECIPIENT OR OTHER USER(S) OF OUR SERVICES, AS WELL AS ANY CAREGIVER OR OTHER SERVICE PROVIDER. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, EUMIUS AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUIT, OR CLAIM ARISING FROM THE FOREGOING.

5. Your Content

Our Services may include features and areas where you can create, upload, store, and/or share data, notes, or other content with us or others in a Care Circle (“Your Content”). EUMIUS does not have any ownership rights in Your Content, but you hereby grant EUMIUS a worldwide, irrevocable (except as set forth below), non-exclusive, transferable, royalty-free and fully sublicensable right and license during the periods in which you use the Services to use, copy, display, store, adapt, and distribute Your Content so that EUMIUS can operate, deliver, and improve our Services. The license granted to EUMIUS to display or distribute Your Content is revocable by you if and when you choose to independently remove or delete any of Your Content uploaded to features of our Services or stop sharing Your Content with certain users (such as if you remove a Caregiver or Care Recipient from a Care Circle for which you are the Owner).

You are solely responsible for Your Content. EUMIUS has no obligation to review, approve, monitor, endorse, reject, refuse to post, screen, edit, move or remove any of Your Content or similar content created by other members of our community from our Services, but may choose to do so at any time, including if Your Content violates these Terms. In addition, EUMIUS may also decide to suspend or remove your Account.

You represent and warrant that you either control or own Your Content or you have obtained all rights necessary to share Your Content in compliance with these Terms, and that Your Content, and our use of Your Content as permitted under these Terms, will not infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws, rules, or regulations.

Notwithstanding the foregoing, you acknowledge and agree that EUMIUS shall have the right to collect and analyze data related to your use of and the performance of the Services (“Usage Data”) and that EUMIUS shall own all such Usage Data, provided that EUMIUS may only publish Usage Data in an aggregated or other de-identified form.

6. Third-Party Materials and Web Sites

We may make available through our Services certain additional services, features, or content provided by third parties (“Third-Party Materials”). Your use of Third-Party Materials made available through the Services may be subject to additional terms and conditions of the third party. EUMIUS has no responsibility or liability with respect to your access to, or use of, the Third-Party Materials.

Our Services may also contain links or provide access to other web sites or other online services operated by third parties. Those third-party services are not under our control, and we are not responsible for the content on any third-party service or any link contained in a third-party service. We provide these links only as a convenience and we don’t have any obligation to review, approve, monitor, endorse, move, remove, warrant, or make any representations with respect to third-party services.

7. Payments

If you make any purchases with EUMIUS, such as subscribing to receive certain paid Services, you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable Taxes (as defined below) and other charges). We may accept various forms of payment, including credit and debit cards. Unless otherwise indicated, the purchase price will be billed in full at the time you make your purchase. When you make sure a purchase, you represent and warrant that you are authorized to use the payment method you use. By providing your payment information, you authorize us (or our third-party payment processor) to not only process your payment but also store your payment and related information. In the event the payment method you designate cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your order. You are responsible for resolving any problems we encounter in order to proceed with your order.

If your purchase is subject to any type of use or sales tax, duty or other governmental tax or fee (“Taxes”), then we may charge you for those Taxes. You are responsible for any Taxes due with respect to your purchase.

8. Pre-Release Materials and Confidentiality

You may have the opportunity to receive certain pre-release EUMIUS features, functionality, services or other materials, at EUMIUS’s option. Your use of any pre-release materials are subject to the confidentiality obligations below and may be conditioned on your acceptance of Additional Terms that we provide you. In the event of any conflict between such Additional Term and these Terms, the Additional Terms will govern your use of the pre-release materials.

You acknowledge that you may receive non-public information relating to EUMIUS, its business, products, services, and related intellectual property (collectively, “Confidential Information”) in connection with your use of any pre-release materials. You agree to keep the Confidential Information confidential, not to publish or disclose any Confidential Information to a third party, and only use such information to the extent necessary to use the Services (including any such pre-release materials you are provided, under these Terms). You will use at least a reasonable standard of care in maintaining the confidentiality of the Confidential Information. Your obligations with respect to Confidential Information will continue even after you have stopped using the Services and/or pre-release materials. You agree to destroy or return any Confidential Information at EUMIUS’s request. You also acknowledge that if you breach your confidentiality obligations, it will cause immediate and irreparable injury to EUMIUS and EUMIUS will have the right to seek and obtain injunctive relief, and to pursue any other remedies available at law or in equity, without being required to show any actual damage or irreparable harm, prove the inadequacy of its legal remedies, or post any bond or other security.

9. Feedback

You may choose to provide EUMIUS with ideas, feedback, or suggestions for us about our existing products and services including the Services (“Feedback”). If you provide EUMIUS with Feedback, you hereby grant EUMIUS a non-exclusive, perpetual and irrevocable license to use and exploit such Feedback for any purpose, including to incorporate such Feedback within its products and services, without providing payment or any other consideration to you. EUMIUS has no confidentiality or other obligations with respect to your Feedback.

10. Suspension/Termination

We may immediately terminate these Terms and consequently your access to our Services at any time if you violate these Terms, create possible legal liability, or if your use of the Services poses a health or safety risk. If we terminate these Terms: (i) your Account will be deactivated and Your Content may be inaccessible, deleted, or deactivated, and (ii) your rights and obligations under these Terms will terminate (other than those provisions that survive as described below).

You may also remove your Account at any time, which will terminate these Terms (other than those provisions that survive as described below).

We will not have any liability for any termination of these Terms for any of the reasons described above.

11. Intellectual Property

The software, code, proprietary methods, systems, documentation, and other materials used to provide the Services (“EUMIUS Technology”) is owned by EUMIUS and/or our licensors under United States and international intellectual property laws. You must abide by all legal notices, information, or restrictions contained in, or attached to, any EUMIUS Technology. Nothing in these Terms grants you any rights to receive EUMIUS Technology or to obtain access to EUMIUS Technology except as generally and ordinarily permitted through the Services, in accordance with these Terms. Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to EUMIUS Technology. The names, logos, and other business identifiers displayed on the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of EUMIUS. You are not authorized to use any Marks. Ownership of all such Marks and the goodwill associated with those Marks remain with EUMIUS.

12. Indemnity

You will defend, hold harmless, and indemnify EUMIUS, its affiliates and its and their directors, officers, employees, agents, successors and assigns, from and against any third-party allegation or claim based on, or any loss, damage, settlement, cost, expense and any other liability (including reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification) (collectively, “Claims”) arising from or related to your breach of any provision of these Terms.

13. Warranty Disclaimer and Limits on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO OUR SERVICES (INCLUDING ANY THIRD-PARTY MATERIALS OR CONTENT AVAILABLE THROUGH OUR SERVICES) PROVIDED UNDER THESE TERMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, LOSS OR CORRUPTION OF DATA, OR ACCURACY. WE DO NOT WARRANT THAT YOUR USE OF OUR SERVICES (INCLUDING ANY THIRD-PARTY MATERIALS OR CONTENT AVAILABLE THROUGH OUR SERVICES) PROVIDED UNDER THESE TERMS WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AND DISCLAIM ALL WARRANTIES OR LIABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, ON BEHALF OF ANY OF OUR AFFILIATES, AGENTS, SUPPLIERS, DISTRIBUTORS, PARTNERS, OR LICENSORS. THE FEATURES AND FUNCTIONALITY OF OUR SERVICES (INCLUDING ANY THIRD-PARTY MATERIALS OR CONTENT AVAILABLE THROUGH OUR SERVICES) MAY CHANGE AT ANY TIME AND EUMIUS DISCLAIMS ANY RESPONSIBILITY FOR SUCH CHANGES OR ANY STATEMENTS EUMIUS MAKES OR HAS MADE ABOUT THE EXISTENCE OF SUCH FEATURES OR FUNCTIONALITY. OUR SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE DATA OR INFORMATION PROVIDED BY OUR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

IN NO EVENT WILL EUMIUS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES (INCLUDING ANY THIRD-PARTY MATERIALS OR CONTENT AVAILABLE THROUGH OUR SERVICES), WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EUMIUS’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OR OUR SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE GREATER OF THE PRICE YOU PAID FOR THE SERVICES GIVING RISE TO THE APPLICABLE CLAIM IN THE SIX-MONTH PERIOD PRIOR TO THE DATE SUCH CLAIM AROSE (IF ANY) OR ONE HUNDRED DOLLARS ($100).

THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EUMIUS AND YOU. THE FOREGOING CAP ON LIABILITY WILL NOT APPLY TO LIABILITY OF EUMIUS FOR DEATH OR PERSONAL INJURY CAUSED BY EUMIUS’S GROSS NEGLIGENCE IN CONNECTION WITH THE SERVICES; OR FOR ANY DAMAGES CAUSED BY EUMIUS’S FRAUD OR FRAUDULENT MISREPRESENTATION, INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.

14. Modifications to these Terms

EUMIUS reserves the right to change and make additions to these Terms at any time. If we do, we’ll use reasonable efforts to notify you, for example, by sending a notification to your Account and/or giving notice through our Services. Unless we say otherwise in our notice, the revised Terms will be effective immediately and your continued use of your Account after we provide notice of the changes will confirm your acceptance of the revised Terms. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your use of the Services.

15. Governing Law and Venue

These Terms will be governed by the laws of the State of Wyoming, without reference to rules governing choice of laws or the U.N. Convention on Contracts for the International Sale of Goods. If either of us has a claim against the other, most claims or disputes will be resolved by binding arbitration, as described in the Arbitration Provision below. However, to the extent these Terms permit litigation in court, you hereby irrevocably consent to and waive any objection to the exclusive jurisdiction and venue of the federal and state courts located at Sheridan County, Wyoming with respect to any claims, suits or proceedings arising out of or in connection with these Terms or the Services.

16. Compliance

You will comply with all applicable laws and regulations and will not, without prior government authorization, export, re-export, or transfer EUMIUS products, services (including the Services) or technology, either directly or indirectly, in violation of such laws and regulations. You represent and warrant that you (a) are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, or that has been designated by the U.S. Government as a “terrorist supporting” country; (b) have not been identified as a “Specially Designated National” by the Office of Foreign Assets Control; (c) have not been placed on the U.S. Commerce Department’s Denied Persons List;” and (d) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.

17. Communications

You hereby consent to receive communications from us about your Account in an electronic form, whether via email or posting on our Services or other reasonable means; and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement that such communications must be in writing. If you have any questions about this, please reach out to info@eumi.us.

18. General Provisions

These Terms are personal to you, and you may not assign or delegate your right and/or duties under these Terms to anyone else. Any attempted assignment or delegation is void. You acknowledge that we have the right to seek an injunction, if necessary, to stop or prevent your violation of these Terms. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is in writing, signed by us. No waiver of any breach or default in one instance will constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision of these Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms will continue in full force and effect. These Terms, and any Additional Terms you enter into with us, constitute the entire agreement between us with regard to your access to and use of the Services.

19. Survival

Following any termination of these Terms, EUMIUS has the right to continue to the Feedback you have provided to us in the ways permitted by these Terms, and the following provisions will also continue to apply: Suspension/Termination, Intellectual Property, Warranty Disclaimer and Limits on Liability, Governing Law and Venue, Compliance, General Provisions, Survival, and the Arbitration Provision.

20. Agreement to Arbitrate and Waiver of Class Action

Please carefully read the following agreement to arbitrate and waiver of class action (“Arbitration Provision”). It requires you to arbitrate disputes with EUMIUS and limits the manner in which you can seek relief from us. It prevents you from bringing any class, collective, or representative action against EUMIUS, it prevents you from participating in or recovering any relief in any class, collective, or representative action anyone else might bring against EUMIUS, and it prevents you from suing EUMIUS in court or from having a jury trial in most cases. You can opt out of this Arbitration Provision by following the instructions below.

Applicability of Arbitration Provision

You agree that any dispute or claim relating in any way to these Terms, including this Arbitration Provision, to our privacy policy or data security generally, or otherwise related to the Services or our apps (“Disputes”) will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; (b) you or EUMIUS may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents); and (c) EUMIUS may seek equitable relief in court (including an injunction), if necessary, to stop or prevent your violation of these Terms. This Arbitration Provision will apply, without limitation, to all Disputes that arose or were asserted before these Terms or any prior version of these Terms were in effect, as well as to all Disputes arising thereafter.

Waiver of Class Relief

WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND EUMIUS WILL NOT COMMENCE AGAINST THE OTHER, OR PARTICIPATE IN, A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. YOU AND EUMIUS ARE EACH WAIVING RESPECTIVE RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Arbitration Rules and Forum

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Provision. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Registered Agents Inc., 30 N. Gould St Ste R, Sheridan, Wyoming 82801. The arbitration will be jointy selected by the parties. EUMIUS will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any final decision made by the arbitrator may be entered in any court of competent jurisdiction.

Authority of Arbitrator

The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of these Terms, including this Arbitration Provision including, but not limited to, any claim that all or any part of these Terms or this Arbitration Provision are void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and EUMIUS. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Provision). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial

YOU AND EUMIUS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and EUMIUS are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Provision, except as specified in the Applicability of Arbitration Provision section above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION PROVISION MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. In the event that this subparagraph is deemed invalid or unenforceable, neither you nor EUMIUS are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in the Governing Law and Venue section above.

Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Provision by sending written notice of your decision to opt out to the following address: 30 N. Gould St Ste R, Sheridan, Wyoming 82801, and/or support@eumi.us within 30 days after first becoming subject to this Arbitration Provision. Your notice must include your name and address, your Account username, and an unequivocal statement that you want to opt out of this Arbitration Provision. If you opt out of this Arbitration Provision, all other provisions of these Terms will continue to apply to you. Opting out of this Arbitration Provision has no effect on your agreement to the rest of these Terms or your agreement to any other arbitration agreements that you may currently have, or may enter in the future, with us. If you opt out of this Arbitration Provision, EUMIUS will likewise not be bound by this Arbitration Provision.

Severability

If any part or parts of this Arbitration Provision are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Provision will continue in full force and effect.

Survival of Provision

This Arbitration Provision will survive the termination of your relationship with EUMIUS.

Modification

Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future material change to this Arbitration Provision, such change will not apply to any individual claims of which you had already provided notice to EUMIUS.