Terms and Conditions

Last updated 16 October 2023

We, Rabbit Foo Fuu co., ltd. (“We”) operate the mobile application under the name of “Rabbit Can Fly” (the "Application"), as well as any other related products and Application that refer or link to these Terms of Application (the "Terms").

Acceptance of the Terms. These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("You"), and us, concerning your access to and use of the Application. You agree that by accessing the Application, you have read, understood, and agreed to be bound by all of these Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE Application AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Amendment of the Terms. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Application after the date such revised Terms are posted.

1. OUR APPLICATION

The Application. Our Application has two key features: (a) Running Statistic Collection Features; and (b) Game Redemption Features (each feature is individually referred to as the “Feature” and collectively referred to as the “Features”).

A. Running Statistic Collection Feature

In addition to the terms and conditions that We may define specifically for this Feature from time to time, this Feature will be provided under the following terms and conditions:

(i) You will be solely responsible to input your own data as required to calculate the running distance, running speed and the calories burnt from your running statistic data (the “Running Data”) to the Application directly;

(ii) We do not have any ability to interfere or verify the Running Data that you have provided;

(iii) Our calculation of the distance, speed and calories burnt that will be displayed on the Application (the “Calculated Output”) are made based on your own Running Data solely. It should also be noted that the calculations are just the estimated output to be used exclusively on the Application;

(iv) We do not make any explicit representation of the accuracy and completeness of those Calculated Output and You shall not rely on those Calculated Output for any other purposes; and

(v) In case You intend to share the Calculated Output generated by us to anyone, You acknowledge that You will be doing that at their own risk and We shall not be held responsible for any of your data sharing.

B. Game Redemption Feature

In addition to the terms and conditions that We may define specifically for this Feature from time to time, this Feature will be provided under the following terms and conditions:

(i) We will integrate your Running Data and the Calculated Output collected from the Running Statistic Collection Feature into your performance and statistics ready for You to play in the Game Redemption Feature;

(ii) On the Application, You can create the game character, play the game in the simulation environment; and redeem the game items or coupon under the terms and conditions to be defined by us;

(iii) We will coordinate with our partner (the “Partner”) to create activities and campaign for You to play in the gaming environment where your game character can participate to collect the points and/or redeem coupon / promo code or game item (the “Reward”) subject to the terms and conditions specifically defined by us and/or the Partner;

(iv) Once sufficient Reward is collected, You will be entitled to redeem the Reward in exchange with the game item, trophy or promo code subject to the terms and conditions to be defined (the “Redemption”);

(v) You can use the Redemption with the relevant Partner at their physical shop or in any manner as defined exclusively and solely by the Partner;

(vi) The use of such Redemption shall be subject directly to the agreement to be entered into between You and the relevant Partner where We will not have any involvement, interference, liability or responsibility whatsoever; and

(vii) For any game items or Reward given on the Application, you understand that those items and Reward can only be used on the simulation environment exclusively and solely on the Application - they cannot be used outside of the environment of the Application (except in case of the Redemption where You can use them with the relevant Partner) and cannot be exchanged to cash or other compensation / consideration.

Our Reserved Rights. All of the Features that We provide on the Application are subject to availability. We reserve the right to discontinue or make any change to any Features at any time for any reason, including without limitation the change in pricing and fee collection.

Payment. In case the fee will be collected for the use of the Application, You agree to:

A. provide current, complete, and accurate purchase and account information for all purchases made via the Application;

B. pay all fees at the prices then in effect for your purchases and any applicable taxes; provided that We reserve the right to make any payment restriction or conditions; and to correct any errors or mistakes in pricing, even if we have already requested or received payment; and

C. authorize us to charge your chosen payment provider for any such amounts upon placing your order.

2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property. We are the owner or the licensee of all intellectual property rights in our Application, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, game characteristic, game simulation environment, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). For the avoidance of doubt, the Content and Marks are provided in or through the Application "AS IS" for your personal, non-commercial use only.

Your use of our Application. Subject to your compliance with these Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to access the Application solely for your personal, non-commercial use.

A. Prohibited Use of the License. Except as set out in this section or elsewhere in our Terms, no part of the Application, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

B. Material Breach. Any breach of these Intellectual Property Rights by You will constitute a material breach of our Terms and your right to use our Application will terminate immediately.

Your Submission. Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Application.

A. Grant of Your Rights to use Submissions. By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Application or the Application (the "Submissions''), You agree to assign to us all intellectual property rights in such Submission and We shall own this Submission and be entitled to its unrestricted use and dissemination of such Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

B. Your Representation and Responsibilities. By sending us Submissions through any part of the Application, you: (i) confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Application any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; (ii) to the extent permissible by applicable law, waive any and all moral rights to any such Submission; (iii) warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and (iv) warrant and represent that your Submissions do not constitute confidential information.

C. Reimbursement. You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

D. We may remove or edit your Submissions: Although we have no obligation to monitor any Submission, we shall have the right to remove or edit any Submission at any time without notice if in our reasonable opinion we consider such Submission harmful or in breach of these Terms. If we remove or edit any such Submission, we may also suspend or disable your account and report you to the authorities.

3. USER REPRESENTATIONS & REGISTRATION

Representation of the Information Provided. By using the Application and/or the Application, You represent and warrant that: (1) all registration information You submit will be true, accurate, current, and complete; (2) You will maintain the accuracy of such information and promptly update such registration information as necessary; (3) You have the legal capacity and you agree to comply with these Terms; (4) You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Application or have sufficient legal capacity to do so; (5) you will not access the Application through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Application for any illegal or unauthorized purpose; and (7) your use of the Application will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any portion thereof).

User Registration. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

4. PROHIBITED ACTIVITIES

Specific Use of the Application. You may not access or use the Application for any purpose other than that for which We make them available. The Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

Prohibited Activities. As a user of the Application, You agree not to:

● Systematically retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

● Circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or the Content contained therein;

● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application;

● Use any information obtained from the Application in order to harass, abuse, or harm another person;

● Use the Application or the Application in a manner inconsistent with any applicable laws or regulations;

● Engage in unauthorized framing of or linking to the Application;

● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application;

● Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools onto the Application;

● Delete our copyright or other proprietary rights notice from any Content;

● Attempt to impersonate another user or person or use the username of another user;

● Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms");

● Interfere with, disrupt, or create an undue burden on the Application or the networks or Application connected to the Application;

● Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Application or the Application to You;

● Attempt to bypass any measures of the Application designed to prevent or restrict access to the Application, or any portion of the Application;

● Copy or adapt the Application software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

● Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application;

● Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Application, or use or launch any unauthorized script or other software;

● Make any unauthorized use of the Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;

● Use the Application as part of any effort to compete with us or otherwise use the Application and/or the Content for any revenue-generating endeavor or commercial enterprise;

● Sell or otherwise transfer your profile;

● Use the Application to advertise or offer to sell goods and Application; or

● Use the Application in any other manner that would cause any harm in any manner to us, our reputation, our operation or the Application.

5. GUIDELINES FOR REVIEWS

Review Guideline. We may provide You areas on the Application to leave reviews or ratings (the “Review”). When posting a Review, You must comply with the following criteria:

● Reviews should not contain offensive profanity, or abusive, discriminatory, offensive, or hateful language;

● Reviews should not contain references to illegal activity;

● You should not be affiliated with competitors if posting negative Reviews;

● You may not post any false or misleading statements in the Reviews; and

● You may not organize a campaign encouraging others to post Reviews, whether positive or negative.

Our Rights Reservation. We may accept, reject, or remove Reviews at our sole discretion. We have absolutely no obligation to screen Reviews or to delete Reviews, even if anyone considers Reviews objectionable or inaccurate.

Reviews Are Not Endorsed by Us. We do not assume liability for any Review or for any claims, liabilities, or losses resulting from any Review.

Our Right to Review. By posting a Review, You hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to Review.

6. MOBILE APPLICATION LICENSE

Use License. If you access the Application via the Application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Application on wireless electronic devices owned or controlled by you, and to access and use the Application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms.

Prohibited Use of the Application. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the Application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Application; (5) use the Application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the Application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the Application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Application; (8) use the Application to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Application.

Apple and Android Devices. The following terms apply when you use the Application obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Application: (1) the license granted to you for our Application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support Application with respect to the Application as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support Application with respect to the Application; (3) in the event of any failure of the Application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the Application; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the Application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.

7. ADVERTISERS

Except as defined specifically for the Game Features, we allow advertisers to display their advertisements and other information in certain areas of the Application, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

8. THIRD-PARTY ACCOUNT AND SOCIAL MEDIA

Third-Party Account. As part of the functionality of the Application you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Application; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

Our Access to Third-Party Account. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Application.

Your Representation. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

Your Understanding. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Application via your account, including without limitation any friend lists; and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Application.

No Review of Social Network Content. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

Limited Access to Third-Party Account. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, the Social Network Content may no longer be available on and through the Application. You will have the ability to disable the connection between your account on the Application and your Third-Party Accounts at any time.

Deactivation of the Connection. You can deactivate the connection between the Application and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such a Third-Party Account, except the username and profile picture that become associated with your account.

Separate Relationship. Your relationship with the third-party service providers associated with the Third-Party Accounts is governed solely by your agreement(s) with such third-party service providers.

9. USER DATA
Privacy Policy. We care about data privacy and security. Please review our Privacy Policy: https://rabbitcanfly.wixsite.com/mysite. By using the Application, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

Personal Data Processing in Thailand. Please be advised the Application are hosted in Thailand. If you access the Application from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Thailand, then through your continued use of the Application, you are transferring your data to Thailand, and you expressly consent to have your data transferred to and processed in Thailand.

User Data. We will maintain certain data that you transmit to the Application for the purpose of managing the performance of the Application, as well as data relating to your use of the Application. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Application. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

10. MODIFICATIONS AND INTERRUPTIONS
Correction. There may be information on the Application that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Application at any time, without prior notice.

Our Rights Reservation. We reserve the right to change, modify, or remove the contents of the Application at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Application. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Application.

No Guarantee. We cannot guarantee the Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application. Nothing in these Terms will be construed to obligate us to maintain and support the Application or to supply any corrections, updates, or releases in connection therewith.

Our Right to Manage the Application. We reserve the right, but not the obligation, to: (1) monitor the Application for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your participation or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application.

11. TERM AND TERMINATION

Effectiveness of the Terms. These Terms shall remain in full force and effect while you use the Application.

Our Right. Without limiting any other provision of these Terms, We reserve the right to, in our sole and absolute discretion without notice or liability, deny access to and use of the Application (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Application or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.

Effect of Termination. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

12. OUR DISCLAIMER AND LIABILITY LIMITATION

As-Is Disclaimer. The Application is provided on an ‘as-is and as-available’ basis. You agree that your use of the Application will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Application and your use thereof, including without limitation, the implied warranties of merchantability, fitness for a particular purpose; and non-infringement. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

No Representation. We make no warranty or representation about the accuracy or completeness of the Application’s content and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of contents and material; (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Application; (3) any unauthorized access to or use of our secure servers and/or any and all information stored therein; (4) any interruption or cessation of transmission to or from the Application; (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Application by any third party; and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Application.

No Warranty for Third-Party. We do not warrant, endorse, guarantee or assume responsibility for any product or services advertised or offered by a third-party through the Application, any hyperlinked website or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between You and any third-party providers of products or services. As with the purchase of a product or services through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Liability Limitation. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Application; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Application with whom you connected via the Application. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

14. GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law. These Terms shall be governed by and defined following the laws of Thailand.

Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Dispute Resolution. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the court of Thailand.

15. MISCELLANEOUS

Electronic Communication and Transaction. Visiting the Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Application, satisfy any legal requirement that such communication be in writing. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Electronic Signature. You hereby agree to use electronic signatures on the contracts, orders and other records initiated or completed with us via the Application. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Entire Agreement. These Terms and any policies or operating rules posted by us on the Application or in respect to the Application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law.

Assignment. We may assign any or all of our rights and obligations under these Terms to others at any time.

Severability. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Independent Party. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Application.

In order to receive further information regarding use of the Application, please contact us at: support@metlife.site