Effisim Terms of Service
Last updated: August 25, 2022

Thank you for your interest in the EffiSim application for your mobile device (the "App") provided to you by YSRI LLC ("EffiSim", "us" or "we"), and our web site at Effisim.com (the "Site"), as well as all related web sites, networks, and downloadable software provided by us and on which a link to these Terms of Service is displayed (collectively, together with the App and Site, our "Platform"). These Terms of Service ("Terms"), which include our Privacy Policy, and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Platform. These Terms constitute a legal agreement between you and Effisim. In order to use the Platform you must agree to these Terms. All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity. You hereby agree to comply with all terms herein when accessing or using the Platform.

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE PLATFORM.

1. About EffiSim

The Platform provides an online marketplace that connects consumers (“Buyer(s)”) with providers of various products and merchandise (“Seller(s)”) to facilitate the purchase of such products or merchandise for on-demand delivery or pickup services. Through the Platform, Buyers may request that merchandise be made available for pick-up or delivered to them from a Seller.

EffiSim is not a retail store or merchandise delivery platform. EffiSim is not liable or responsible for Sellers’ compliance with applicable federal, state, or local laws, rules, regulations or standards pertaining to their businesses. In addition, EffiSim does not guarantee the quality of what Sellers sell and does not independently verify, and is not liable for, representations made by Sellers regarding their products on the Platform.

Platform Sellers are not employees, partners, agents, joint ventures, or franchisees of EffiSim. You hereby acknowledge that EffiSim does not supervise, direct, control, or monitor a Seller’s provision of merchandise. EffiSim expressly disclaims any responsibility or liability for the merchandise sold.

The actual contract or agreement for sale is directly between the Seller and Buyer of the merchandise offered on the Platform. EffiSim does not have any control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of Sellers’ content or listings; the ability of Sellers to sell items; the ability of Buyers to pay for items; or that a Buyer or Seller will actually complete a Transaction. As such, any dispute between Seller and Buyer of a product must be handled directly between the Seller and Buyer.

As provided in greater detail in these Terms, you agree and acknowledge the following terms, which are significant:
- The Platform is licensed, not sold to you, and you may use the Platform only as set forth in these Terms;
- Your use of the Platform may be subject to separate third-party terms of service and fees, including without limitation your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility; and  - You consent to the collection, sharing, and use of your personally identifiable information in accordance with our Privacy Policy, which is described in detail here (https://effisim.info/privacy-policy).

The Platform is provided "as is" without warranties of any kind, and our liability to you is limited.

No joint venture, partnership, employment, or agency relationship exists between you, EffiSim or any third-party provider as a result of the Terms or use of the Platform.

2. Limited license.

The Platform is licensed, not sold, to you for use only under the terms of this license. EffiSim reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, EffiSim hereby grants you a personal, limited, non-sublicensable, non- transferable, and revocable license to access the Platform on compatible devices that you own or control, solely for your own personal, non- commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Platform. We may revoke this license at any time, in our sole discretion.

You may not rent, lease, lend, sell, redistribute or sublicense the Platform. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you that replace and/or supplement the original Platform, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.

3. Services and Use of EffiSim.

In exchange for the access and use of the Platform, you agree to the following:
- The Platform contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright, and you agree to not infringe on any intellectual property rights associated with the Platform;
- You will not violate, or assist others to violate, any right of a third party, including intellectual property right, or otherwise engage in the unauthorized use of any proprietary content or materials;
- You may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Platform, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Platform without prior written authorization;
- You will not harvest or otherwise collect information about Platform Sellers or Buyers, without their consent;
- You agree not to bypass any security or other features designed to control the manner in which the Platform is used, or otherwise access or use the Platform in a manner inconsistent with individual human use;
- You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
- You will not post false, inaccurate, incomplete, misleading, deceptive, defamatory or libelous information;
- You will not engage in fraud, including impersonating any person or entity, or accessing any other Platform account without permission;
- You agree not to decipher, reverse engineer, decompile or disassemble the Platform, or the software used to provide the Platform, in whole or in part, or authorize, direct, or cause a third party to do so;
- You agree not to access, tamper with, or use non-public areas of the Platform or of EffiSim’s computer systems and infrastructure;
- You agree not to use the Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that EffiSim is not in any way responsible for any such use by you, nor for any such transmissions that you may receive as a result of using the Platform;
- You agree that your use of the Platform may incur third-party fees, such as fees charged by your Carrier for data usage, and may be subject to third-party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms; and
- You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Platform.

4. Eligibility.

You may use the Platform only if you are 18 years of age or older and capable of forming a binding contract with EffiSim and third parties on the Platform, and are not otherwise barred from using the Platform under applicable law. You also represent that you have not been previously banned, suspended or removed from the Platform and that your registration is in compliance with these Terms and any and all applicable laws and regulations.

5. Accounts and Registration.

To become a Seller or Buyer on the Platform, you’ll need to establish an account. When you register for an EffiSim account, you may be required to provide us with information about yourself including, but not limited to, your name, credit card and other financial information, e-mail address, phone number, and other contact information, among others. It is imperative that you provide us with accurate, complete and current account information. You agree that the information you provide to us will be accurate at all times and will be updated by you should any of the information you provide us become inaccurate or no longer up-to-date. When you register, you will need to create a username and password. In order to protect your account, please keep accounts details and password confidential and notify us immediately upon any unauthorized use of your account. You are responsible for all activities that occur under your account.

EffiSim will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by us or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

6. Prohibited Uses.

Uses which are prohibited in connection with using or accessing our Platform, include, but are not limited, to the following:

- Posting, listing or uploading any product or merchandise in inappropriate categories on the Platform;
- Posting, listing or uploading any product or merchandise that is not in new, never used condition or that misrepresents the current condition of any product or merchandise offered for sale on the Platform;
- Breaching or circumventing any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
- Posting of false, inaccurate, misleading or deceptive listings;
- Infringing the copyright, trademark, patent, publicity, moral, database, and/or intellectual property rights that belong to EffiSim;
- Infringing any intellectual property rights that belong to third parties affected by your use of our Platform;
- Using, displaying, mirroring or framing the Platform or any individual element within the Platform, EffiSim’s name, any EffiSim trademark, logo, or other proprietary information;
- Attempting to decipher, disassemble or reverse engineer any of the software of the Platform or commercialize any EffiSim application or any information or software associated with such application;
- Harvesting or otherwise collecting information from any party accessing the Platform provided by EffiSim without their consent;
- Avoiding, bypassing, removing, deactivating, impairing or otherwise circumventing any technical measure used to provide and protect the Platform, including but not limited to, arranging for a Transaction to be completed outside the EffiSim Platform with a buyer, who was introduced to you by your usage of our Platform;
- Using the Platform, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Violating any applicable law or regulation; or
- Encouraging or enabling any other individual to do any of the foregoing.

EffiSim is under no obligation to monitor access to or use of the Platform or to review or edit any content. However, we have the right to do so for the purpose of operating the Platform, to ensure compliance with these Terms and with applicable law or other legal requirements. If we believe you are misusing or abusing the Platform in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your account and access to our Platform, and take any and all technical and legal steps to prevent you from using our Platform. When Buyer or Seller issues arise, we may consider previous performance and the specific circumstances in applying or policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for Buyers and Sellers.

7. Changes to Terms or Platform.

We may update our Terms, as well as the Platform, from time to time in our sole discretion. If updates are made, the updated terms and conditions will be posted to the mobile applications or website, and/or may also be sent by alternative means of communication. If you continue to use the Platform, after we have posted any updated terms and conditions, you thereby agree and accept to be bound by the changes made. If you do not agree or accept to be bound by the changes, you may not use the Platform any longer. Our Platform is evolving over time thus we may change or discontinue all or any part of the Platform, at any time and without notice, at our sole discretion.

8. Merchandise for sale on EffiSim.

When listing a product for sale on our Platform, Seller agrees to assume full responsibility for the product offered and the accuracy of the content provided to the Buyer. Buyer acknowledges and understands that EffiSim does not manufacture or control any of the products offered for sale on the Platform. The availability of a product does not indicate EffiSim’s affiliation with or endorsement of any product or manufacturer. Accordingly, we do not provide any warranties with respect to the products.

We try to offer reliable product data but cannot promise that that merchandise offered by Sellers through our Platform will always be available, accurate, complete, and current. Buyers and Sellers agree that EffiSim is not responsible for examining or warranting the products or content provided through our Platform, and that you will not attempt to hold us liable for inaccuracies.

When a Seller sells merchandise using our Platform, Seller grants us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise any and all intellectual property rights you have in that content in connection with our provision, expansion, and promotion of our Platform, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your intellectual property rights in that content against EffiSim in connection with our use of that content in connection with our provision, expansion, and promotion of our Platform.

Seller represents and warrants that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms, and that such content is accurate. Seller therefore represents and warrants that such content does not and will not infringe any intellectual property right of any third party. EffiSim takes no responsibility and assumes no liability for any content provided by Seller or any third party.

8a. Transactions involving Alcohol.

Alcoholic beverages (including but not limited to beer, wine, cider, and other spirits, collectively referred to as "Alcoholic Beverage(s)") may only be purchased by consumers who are of legal age in jurisdictions that permit such purchase. If you are a Buyer of Alcoholic Beverages, you expressly represent and warrant that you are of legal age and that you are able to produce a bona fide government-issued photo identification upon delivery to you of any Alcoholic Beverages. Valid forms of identification include but are not limited to: (i) a valid driver’s license, (ii) a passport issued by the U.S. or by a foreign government, or (iii) a valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture. Deliveries of Alcoholic Beverages may not be made to anyone who is intoxicated, regardless of whether he or she is of legal age. You further understand and acknowledge that your order for Alcoholic Beverages will only be fulfilled if a third-party Seller accepts your order. EffiSim cannot accept or complete an order for Alcoholic Beverages. You also agree not to engage or assist others to engage in any conduct that may violate any applicable laws, rules, ordinances or regulations affecting the sale, possession, distribution and/or consumption of Alcoholic Beverages in the jurisdiction where the Transaction has been completed.

9. General Payment Terms.

9a. Platform.

The prices for merchandise offered for sale through the Platform may differ from the prices offered or published by the Sellers for the same product at other third-party websites/mobile applications or at Seller’s retail location, if any. Effisim does not always know how much a Seller will charge for any merchandise and has no control over the price set by Seller for a specific product.

Certain features of the Platform, including placing orders, may require you to pay fees to EffiSim. EffiSim may, at its sole discretion, change the fees for the use of our Platform at any time as we deem necessary or appropriate for our business. You hereby acknowledge and accept that a fee will be charged and you agree to pay said fee. You are also liable for all Transaction taxes on the Platform provided under these Terms.

EffiSim will charge the payment method you provide at the time of purchase or as otherwise specified by you in your account information.

Charges paid by you are final and non-refundable, except as expressly provided in these Terms. EffiSim has no obligation to provide refunds or credits but may, in its sole discretion, provide certain refunds, or product credits, which are subject to these Terms.

9b. Payment authorization.


When a Buyer makes a purchase of a product offered on the Platform by a Seller (a “Transaction”), you expressly authorize us and the Seller (or a third-party payment processor) to charge you for such Transaction. You expressly authorize payment to be made for all sums related to Transactions that you make on the Platform to be debited from the payment method designated in your account. We in our sole discretion may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email, your postal address for billing and notification, and/or other relevant financial information. You represent and acknowledge that you have the legal authority to use all payment method(s) provided to us in order to complete the Transaction. When you initiate a Transaction, you authorize us to provide your payment information to third parties so that we can complete the Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payment, fees and applicable taxes, if any, are payable in United States currency.

If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.

EffiSim reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.

9c. Fees and Taxes.

The fees we charge for using the Platform are listed on https://effisim.info/pricing. We may change our fees from time to time by posting the changes to our Platform. If you are a Seller, you are liable for all fees and taxes arising out of all Transactions made using some or all of our Platform. You must have a payment method on file when selling through the Platform. If your payment method on file fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, and suspend or limit access to the Platform.

9d. Delinquent Accounts.

If payment due on your account is delinquent, we reserve the right to suspend, revoke or terminate your access to the Platform; your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs. You will be responsible for paying all past due amounts. If your payment card expires or is replaced by your issuing bank, the card network may provide us with updated card details associated with the same account. We may use these new details in order to help prevent any interruption to the Platform. If you would like to use a different payment method, please visit your account settings to update your billing information. In addition, we may charge another stored payment card if your default payment is declined or no longer available to us.

9e. Order cancellations.

Sellers shall establish rules that clearly specify the circumstances under which, if at all, returns and/or refunds may be permitted for Transactions completed on the Platform. Sellers shall provide EffiSim Buyers access to their return and refund policy preferences upon registration with the Platform.

10. Third-Party Interactions.

10a. Sellers and third-party providers.

Through the Platform, Buyers may engage in Transactions to purchase goods and services from Sellers. Sellers, in turn, may engage with third-party providers in fulfilling a Transaction. Any interactions, disputes, terms, conditions, warranties or representations associated with such Transaction, including delivery and pick-up of any merchandise, is solely between you and the applicable Seller and/or third party provider. EffiSim shall have no liability, obligation or responsibility for any Transaction between any Buyer and any Seller and/or third-party provider. EffiSim nor its licensors are not responsible for any content, products, services or other materials on or available from Seller sites or any third-party providers. Certain Sellers may require your agreement to additional or different terms and conditions prior to entering into a Transaction, and EffiSim disclaims any and all responsibility or liability arising from such agreements between you and a Seller or any third party.

10b. Third-party couriers.

Sellers may engage third-party couriers to provide delivery of merchandise purchase in a Transaction. Any interactions or disputes between a Buyer and a third-party courier are solely between the Buyer and that third party courier. EffiSm and its licensors shall have no liability, obligation or responsibility for any interaction between you and any third-party courier.

10c. Third-Party Advertising.

The Platform may contain third-party advertising and marketing. By agreeing to these Terms you agree to receive such advertising and marketing.

10d. Third-Party Terms.

The Platform may include use of Google Maps features and content, including the Google Maps API(s), and/or other maps and navigation Internet Software and Services. Your use of Google Maps is subject to the Google Maps and Google Earth Additional Terms of Service and the Google Privacy Policy, as provided on the Google Maps/Google Earth sites and updated from time to time. You may be subject to the terms of service and privacy policy of such other maps and navigations services. For additional information, please contact us as indicated below.

11. Termination.


These Terms are effective until terminated by you or EffiSim as provided below. We may suspend or terminate your access to and use of the Platform, including suspending access to or terminating your account, at our sole discretion, and any time and without notice to you. Your rights under these Terms will terminate automatically without notice if you fail to comply with any of these Terms (including by violating any license restriction or intellectual property rights). We also reserve the right to modify or discontinue the Platform at any time, including by limiting or discontinuing certain features of the Platform, without notice to you. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. You may terminate these Terms at any time by closing your account, uninstalling the App, and ceasing use of the Platform. However, certain provisions of these Terms will survive your cancellation or termination of your account, App, or ceasing to use the Platform, including but not limited to, provisions on indemnity, governing law, severability, and waiver, among others.

12. Communications.

12a. Text Messaging/Emails.

You understand and agree that EffiSim and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Platform but may also include marketing or other promotional messages. You may opt-out of receiving marketing or other promotional text messages at any time by contacting [email protected] data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your Carrier for details.

EffiSim may also send you emails from time to time concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

12b. Push Notifications.

When you install EffiSim’s App on your mobile device you may agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is active. You can turn off notifications by visiting your mobile device's "settings" page.

13. Infringement of Intellectual Property Rights.

EffiSim will terminate the account for any Buyer or Seller who is deemed to infringe on EffiSim’s or third-party intellectual property rights and/or may, in its sole discretion, remove user content that is deemed to infringe on any such rights. The Platform, and the media and materials contained in the Platform, including all intellectual property rights in the Platform, are the sole and exclusive property of EffiSim. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by EffiSim in these Terms are expressly reserved.

14. Platform Content.

You acknowledge and agree that all content posted on the Platform is your sole responsibility. You represent that you have all required rights to post or transmit such content without violation of any third-party rights. You understand that EffiSim does not control, and is not responsible for, any content posted on the Platform by a Buyer or Seller. You agree that you will indemnify, defend, and hold harmless EffiSim for all claims resulting from any content or representations posted or made by you on the Platform. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

15. Warranty Disclaimers.

YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE EFFISIM PLATFORM IS PROVIDED TO YOU ON AN “AS IS” BASIS. THEREFORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPLICITLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EFFISIM MAKES NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED OR SECURE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE PLATFORM. EFFISIM’S PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. EFFISIM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EFFISIM RELIES UPON SELLERS TO PROVIDE ACCURATE INFORMATION AND GENERAL PRODUCT SAFETY. EFFISIM DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION ACCESSIBLE THROUGH THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK. EFFISIM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR PLATFORM ADVERTISED OR OFFERED BY A SELLER OR OTHER THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR THIRD-PARTY SERVICE, AND EFFISIM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY SELLERS OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

16. Release and Limitation of Liability.

If you have a dispute with another Buyer or Seller, you release us from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You expressly waive any protections that would otherwise limit the coverage of this release.

To the maximum extent permitted by law, neither EffiSim nor its service providers or suppliers will be liable for any incidental, special, exemplary or consequential damages, or damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, system failure, or the cost of substitute services of any kind arising out of or in connection with these Terms or from the use or inability to use the Platform, whether based on warranty, contract, tort, product liability or any other legal theory.

IN NO EVENT SHALL EFFISIM’S AGGREGATE LIABILITY EXCEED THE FEES ACTUALLY PAID BY YOU TO EFFISIM IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $1000, WHICHEVER IS LESS. IN NO EVENT SHALL EFFISIM AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF EFFISIM AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES.

17. Indemnity.

You will indemnify and hold EffiSim and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents, harmless from and against any and all claims, dispute, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way related to your access to or use of the Platform or your violation of these Terms. You agree that the provisions in this section will survive any termination of your account, these Terms, or your access to the Platform.

18. Governing Law.

This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance thereof (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the State of Florida, including its statutes of limitations.

Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder may be instituted exclusively in the federal courts of the United States or the state courts of the State of Florida, in each case located in Orange County, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. 

19. No Class or Representative Actions.

YOU AND EFFISIM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHERMORE, YOU AGREE THAT NO CLAIMS MAY BE CONSOLIDATED.

20. Entire Agreement.

These Terms comprise the entire agreement between you and EffiSim and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.

21. Notices.

Any notices or other communication provided by EffiSim under these Terms will be given via email or by posting to the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. It is your obligation to update your account information so that we may contact you as may be necessary. Notice to EffiSim shall be made to the following address (such notice shall be deemed given when received): YSRI LLC, 924 N Magnolia Ave, Suite 202, PMB 1319, Orlando, FL 32803.

22. Waiver of Rights and Severability.

EffiSim’s failure to enforce any right or provision contained herein will not be considered a waiver of such right or provision unless acknowledged by EffiSim in Writing. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of EffiSim. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies available hereunder will be without prejudice to its other remedies under these Terms or otherwise. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

23. Assignment.

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.

24. Notice Regarding Apple

To the extent that you are using our mobile applications on an iOS device, you further acknowledge and agree to the terms of this Section 24. You acknowledge and understand that these Terms are between you and EffiSim only, and not with Apple Inc. ("Apple"). You acknowledge and understand Apple is not responsible for the Platform and its content. Apple has no obligation whatsoever to provide any maintenance and support platforms with respect to Effisim and its Platform. You may notify Apple in the event of any failure of the Platform to conform to any applicable warranty, and Apple may in its discretion refund any applicable purchase price for the mobile application to you. Notwithstanding, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Platform.

Apple is not responsible for addressing any claims by you or any third party relating to the Platform, including, but not limited to product quality or liability claims, claims that the Platform fails to conform to any applicable legal or regulatory requirement, and/or any consumer protection claims.

You agree to comply with any applicable third-party terms when using the Platform. Apple is also not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Platform and/or your possession and use of the mobile application infringes that third party’s intellectual property rights. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby expressly represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

25. Contact information.

If you have any questions about our terms or these Terms of Service, please contact us at [email protected].