Terms Of Service
Last modified: March 4, 2023
This page describes the terms and conditions (these “Terms”) that govern your use of and access to the
Sazalem website and mobile applications (the “Platform”) and our related websites, services,
applications, products and content platforms owned, operated or managed by Sazalem (our “Services”),
by and between SerikB LLC ("Sazalem", “us” or “we”), and you as the user of our Services (“you” or
PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY OUR PLATFORMS OR SERVICES, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS.
IMPORTANT NOTICE - THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Access to certain Services or features of the Services (such as the ability to submit or share User Content
(defined below)) may be subject to age restrictions and not available to all users of the Services. Our
Services are provided for private, non-commercial use.
ACCEPTANCE OF TERMS
Acceptance and Consent. By accessing or using the Services, you confirm that you can form a binding
contract with Sazalem, that you accept these Terms, and that you agree to comply with them. Your
Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made
available for download, on your mobile device’s applicable app store, and are incorporated herein by
Business Entities. If you are accessing or using the Services on behalf of a business or entity, then
(a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are
an authorized representative of the business or entity with the authority to bind the entity to these Terms,
and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and
financially responsible for your access or use of the Services as well as for the access or use of your
account by others affiliated with your entity, including any employees, agents or contractors.
Discontinuance of Services. If any of these terms and conditions of these Terms of Service, or any future
changes, are unacceptable to you, you may (a) stop using or accessing the Platforms, and cancel your
account, and/or (b) discontinue your use of the Services. Your continued use of the Platforms or Services
now, or following the posting of updated Terms of Service, will indicate acceptance by you of such Terms
of Service, changes, or modifications.
REGISTRATION AND SECURITY
Age 18+. You must be 18 years or older to use any part of the Services.
User Account. As part of the registration or account creation process, you will create login credentials by
selecting a password and providing an e-mail address. You will also be requested to provide certain
registration information, which must be accurate and updated.
Rules and Restrictions. Each registration is for a single user only. You are not allowed to share your
registration login credentials or give your login credentials to anyone else. You are responsible for
maintaining the confidentiality of your password. You are responsible for all usage or activity on your
account, including use of the account by any third party authorized by you to use your login credentials
Cancellation and Disablement. We may cancel or suspend your access to the Platforms or Services for
any or no reason. We also reserve the right to disable your user account at any time, including if you have
failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in
our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-
party rights, or violate any applicable laws or regulations
Notifications. You consent to receive notifications from us electronically to the e-mail address you provide
to us. 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.
ACCESS TO AND USE OF THE PLATFORM AND SERVICES
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations.
You may not:
- use automated scripts to collect information from or otherwise interact with the Services
- impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services
- intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- use or attempt to use another’s account, service or system without authorization from Sazalem, or create a false identity on the Services
- use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews
- use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful
- any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation
- any private information of any third party, including addresses, phone numbers, email addresses, phone number and feature in the personal identity document (e.g., social security numbers, passport numbers) or credit card numbers
- any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person
- any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory
- any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm
- any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people
- any material that contains a threat of any kind, including threats of physical violence
- any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality
- any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide or
- material that, in the sole judgment of Sazalem, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Sazalem, the Services or its users to any harm or liability of any type.
Software Ownership. You shall have no rights to the proprietary software and related documentation, or
any enhancements or modifications thereto, provided to you in order to access the Services (the
“Software’). You may not sublicense, assign or transfer any licenses granted by us, and any attempt at
such sublicense, assignment or transfer shall be null and void. You may not copy, distribute, modify,
reverse engineer, or create derivative works from the Software.
Software License. We grant you a worldwide, non-exclusive, personal and non-assignable license to
access and use the Software in accordance with the Terms. You will not use the Software in a manner
exceeding the scope of this license. You will not interfere with or attempt to interfere with the proper
working of the Services, disrupt our website or any networks connected to the Services, or bypass any
measures we may use to prevent or restrict access to the Services. You will not incorporate the Services
or any portion thereof into any other program or product. In such case, we reserve the right to refuse
service, terminate accounts or limit access to the Services in our sole discretion.
Copyright and Policy. As a condition of your access to and use of the Services, you agree to the terms of
the Copyright Policy. If you wish to file a complaint about information or materials uploaded by other
users, contact us at: legal@. Sazalem takes reasonable measures to expeditiously remove from our
Services any infringing material that we become aware of. It is Sazalem’s policy, in appropriate
circumstances and at its discretion, to disable or terminate the accounts of users of the Services who
repeatedly infringe copyrights or intellectual property rights of others. If a counter-notice is received by
Sazalem’s Copyright Agent, we may send a copy of the counter-notice to the original complaining party
informing that person that we may replace the removed content or cease disabling it. Unless the original
complaining party files an action seeking a court order against us or the user, the removed content may
be replaced, or access to it restored, in ten business days or more after receipt of the counter-notice, at
Sazalem’s sole discretion. Please understand that filing a counter-notification may lead to legal
proceedings between you and the complaining party to determine ownership. Be aware that there may be
adverse legal consequences in your country if you make a false or bad faith allegation by using this
Trademarks. Our logos and names are our trademarks and registered in certain jurisdictions. Any other
product or company names, logos or similar marks and symbols you see on Upwork may be trademarked
by our partners or other users like you.
Sazalem Content. As between you and Sazalem, all content, software, images, text, graphics,
illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on
and “look and feel” of the Services, and all intellectual property rights related thereto (the “Sazalem
Content”), are either owned or licensed by Sazalem, it being understood that you or your licensors will
own any User Content (as defined below) you upload or transmit through the Services. Use of the
Sazalem Content or materials on the Services for any purpose not expressly permitted by these Terms is
strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or,
where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not
expressly granted in and to their content.
Sazalem Content License. Subject to the terms and conditions of the Terms, you are hereby granted a
non-exclusive, limited, non-transferable, non-sublicensable, and revocable license to access and use the
Services, including to download the Platform on a permitted device, and to access the Sazalem Content
solely for your personal, non-commercial use through your use of the Services and solely in compliance
with these Terms. Sazalem reserves all rights not expressly granted herein in the Services and the
Sazalem Content. You acknowledge and agree that Sazalem may terminate this license at any time for
any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL
WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
At Own Risk. You acknowledge and agree that when you view content provided by others on the
Services, you are doing so at your own risk. The content on our Services is provided for general
information only. It is not intended to amount to advice on which you should rely. You must obtain
professional or specialist advice before taking, or refraining from, any action on the basis of the content
on our Services.
Disclaimers. We make no representations, warranties or guarantees, whether express or implied, that any
Sazalem Content (including User Content) is accurate, complete or up to date. Where our Services
contain links to other sites and resources provided by third parties, these links are provided for your
information only. We have no control over the contents of those sites or resources. Such links should not
be interpreted as approval by us of those linked websites or information you may obtain from them. You
acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you
and other users on the Services (including User Content).
User Content. Users of the Services may be permitted to upload, post or transmit or otherwise make
available content through the Services including, without limitation, any text, photographs, user videos,
sound recordings and the musical works embodied therein (“User Content”). The information and
materials in the User Content have not been verified or approved by us. The views expressed by other
users on the Services do not represent our views or values.
Content Standards. Whenever you access or use a feature that allows you to upload or transmit User
Content through the Services (including via certain third-party social media platforms such as Instagram,
Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with
the standards set out at “Access to and Use of the Platform and Services” above. You may also choose
to upload or transmit your User Content on sites or platforms hosted by third parties. If you decide to do
this, you must comply with their content guidelines as well as with the standards set out at “Access to and
Use of the Platform and Services” above. As noted above, these features may not be available to all
users of the Services, and we have no liability to you for limiting your right to certain features of the
Services. You warrant that any such contribution does comply with those standards, and you will be liable
to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or
damage we suffer as a result of your breach of warranty. Any User Content will be considered non-
confidential and non-proprietary.
No Endorsement or Verification. The Sazalem platform contains access to third-party content, products
and services, and it offers interactions with third parties. Participation or availability on the Sazalem
platform does not amount to endorsement or verification by us. We make no warranties or
representations about the accuracy, completeness, or timeliness of any content posted on the Sazalem
platform by anyone.
No Confidential or Proprietary Content. You must not post any User Content on or through the Services
or transmit to us any User Content that you consider to be confidential or proprietary. When you submit
User Content through the Services, you agree and represent that you own that User Content, or you have
received all necessary permissions, clearances from, or are authorized by, the owner of any part of the
content to submit it to the Services, to transmit it from the Services to other third-party platforms, and/or
adopt any third-party content.
Ownership and License of User Content. You or the owner of your User Content still own the copyright in
User Content sent to us, but by submitting User Content via the Services, you hereby grant us an
unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to
use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to
authorize other users of the Services and other third-parties to view, access, use, download, modify,
adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and
on any platform, either now known or hereinafter invented.
Name and Likeness. You further grant us a royalty-free license to use your username, image, voice, and
likeness to identify you as the source of any of your User Content; provided, however, that your ability to
provide an image, voice, and likeness may be subject to limitations due to age restrictions.
Special Provisions Regarding Music
Where Only Sound Recording Rights Are Provided. If you only own the rights in and to a sound recording,
but not to the underlying musical works embodied in such sound recordings, then you must not post such
sound recordings to the Services unless you have all permissions, clearances from, or are authorized by,
the owner of any part of the content to submit it to the Services.
Rights of Music Stakeholders. For the avoidance of doubt, the rights granted in the preceding paragraphs
include, but are not limited to, the right to reproduce sound recordings (and make mechanical
reproductions of the musical works embodied in such sound recordings), and publicly perform and
communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-
free basis. This means that you are granting us the right to use your User Content without the obligation
to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a
record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization
(e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions
or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
Third parties also include Kaz Amanat.
Specific Rules for Musical Works and Recording Artists. If you are a composer or author of a musical
work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant
through these Terms in your User Content to us. You are solely responsible for ensuring your compliance
with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then
you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these
Terms in your User Content or have such music publisher enter into these Terms with us. Just because
you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the
licenses in these Terms. If you are a recording artist under contract with a record label, then you are
solely responsible for ensuring that your use of the Services is in compliance with any contractual
obligations you may have to your record label, including if you create any new recordings through the
Services that may be claimed by your label.
Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any
rights to prior inspection or approval of any marketing or promotional materials related to such User
Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in
connection with your User Content, or any portion thereof. To the extent any moral rights are not
transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to
support, maintain or permit any action based on any moral rights that you may have in or with respect to
any User Content you post to or through the Services.
Third Party Claims. We also have the right to disclose your identity to any third party who is claiming that
any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual
property rights, or of their right to privacy.
Reserved Rights to Edit User Content. We, or authorized third parties, reserve the right to cut, crop, edit
or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow,
block or delete any posting you make on our Services if, in our opinion, your post does not comply with
the content standards set out at “Your Access to and Use of the Platform and Services” above. In
addition, we have the right – but not the obligation – in our sole discretion to disallow, block or delete any
User Content (i) that we consider in violation of these Terms, or (ii) in response to complaints from other
users or third parties, with or without notice and without any liability to you. As a result, we recommend
that you save copies of any User Content that you post to the Services on your personal device(s) in the
event that you want to ensure that you have permanent access to copies of such User Content. We do
not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no
circumstances will we be liable in any way for any User Content.
Restricted Availability. You control whether your User Content is made publicly available on the Services
to all other users of the Services or only available to people you approve. To restrict access to your User
Content, you should select the privacy setting available within the Platform. We accept no liability in
respect of any content submitted by users and published by us or by authorised third parties.
Feedback. While we are continually working to improve the Services and Platform, we pay close attention
to the feedback, comments, and suggestions we receive from the user community. If you choose to
contribute by sending us any ideas for products, services, features, modifications, enhancements, content
(such as audio, visual, games, or other types of content), promotions, strategies, or product/feature
names, or any related documentation, artwork, or other materials (collectively “Feedback”), then
regardless of what your accompanying communication may say, the following terms will apply, so that
future misunderstandings can be avoided.
No Obligations. Accordingly, by sending Feedback to us, you agree that Sazalem has no obligation to
review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any
reason. Feedback is to be provided on a non-confidential basis, and we are not under any obligation to
keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
Feedback License. You irrevocably grant us perpetual and unlimited permission to reproduce, distribute,
create derivative works of, modify, publicly perform (including on a through-to-the-audience basis),
communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback
and derivatives thereof for any purpose and without restriction, free of charge and without attribution of
any kind, including by making, using, selling, offering for sale, importing, and promoting commercial
products and services that incorporate or embody Feedback, whether in whole or in part, and whether as
provided or as modified. You irrevocably authorize and instruct us to automatically charge the applicable
fees for a service plan at the beginning of each recurring period using the applicable payment method.
The payment method includes credit card, debit card, or ACH transfer.
You hereby indemnify, defend and hold harmless Sazalem and its officers, directors, owners, agents,
information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and
against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by
the Indemnified Parties in connection with any claim arising out of: (a) any breach by you or any user of
your account of these Terms or the foregoing representations, warranties and covenants; or (b) your
gross negligence or willful misconduct. You shall cooperate as fully as reasonably required in the defense
of any such claim. Sazalem reserves the right, at its own expense, to assume the exclusive defense and
control of any matter subject to indemnification by you
DISCLAIMERS; EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT
CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A
THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO
YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
- DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO
SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION)
APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN
THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL
OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME
LIMITATIONS OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY
NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY
FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF
OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
- ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY)
- ANY LOSS OF GOODWILL
- ANY LOSS OF OPPORTUNITY
- ANY LOSS OF DATA SUFFERED BY YOU
- ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO Sazalem WITHIN THE LAST 12 MONTHS
WE SHALL FURTHER NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE
- ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES)
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES
- YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE.
YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES,
AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF
GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE
BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD
PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND
NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN
YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES
FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF
EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH SUCH DISPUTES
ARBITRATION; CLASS ACTION WAIVER
This section includes an arbitration agreement and an agreement that all claims will be brought only in an
individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
You may opt out of the arbitration agreement by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and Sazalem, you will
first contact Sazalem and make a good faith sustained effort to resolve the dispute before resorting to
more formal means of resolution, including without limitation any court action.
Arbitration Agreement. After the informal dispute resolution process, any remaining dispute,
controversy, or claim (collectively, “Claim”) relating in any way to your use of Sazalem’s services and/or
products, including the Services, or relating in any way to the communications between you and Sazalem
or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration
agreement applies equally to you and Sazalem. However, this arbitration agreement does not (a) govern
any Claim by Sazalem for infringement of its intellectual property or access to the Services that is
unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of
applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of
this arbitration agreement within thirty (30) days of the first of the date you access or use this Services by
following the procedure described below.
Federal Arbitration Act. You agree that the U.S. Federal Arbitration Act governs the interpretation and
enforcement of this provision, and that you and Sazalem are each waiving the right to a trial by jury or to
participate in a class action. This arbitration provision will survive any termination of these Terms.
If you are a resident of the U.S.:
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach,
termination, enforcement, interpretation or validity thereof, including the determination of the scope or
applicability of this agreement to arbitrate, shall be determined by arbitration San Jose, CA before one
arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules
and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause
shall not preclude parties from seeking
If you are not a resident of the U.S.:
Any dispute, controversy or claim arising out of or relating to this contract, including the formation,
interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be
referred to and finally determined by arbitration in accordance with the JAMS International Arbitration
Rules. The tribunal will consist of a sole arbitrator. The seat of the arbitration will be San Jose, California,
USA. The language to be used in the arbitral proceedings will be English. Judgment upon the award
rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.
Opt-Out. If you do not want to arbitrate disputes with Sazalem and you are an individual, you may opt out
of this arbitration agreement by sending an email to legal@ within thirty (30) days of the first of the date
you access or use the Services.
Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as
a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar
proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any
forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate
similar claims or conduct any Class Action nor make an award to any person or entity not a party to the
arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void,
or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The
parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a
party to a class or representative action, is waived, and that any claims must be decided individually,
through arbitration. If this class action waiver is found to be unenforceable, then the entirety of the
Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or
injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to
provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather
than in arbitration, you and Sazalem each waive any right to a jury trial.
CALIFORNIA CONSUMER RIGHTS NOTICE
Under California Civil Code Section 1789.3, California users of the Services receive the following specific
consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted in writing at the contact information set forth
Entire Agreement. These Terms represent the entire agreement and understanding between the parties.
These Terms shall supersede any and all other agreements, verbal or otherwise, between the parties
concerning this subject matter. No amendments or modifications shall be binding upon either party unless
made in writing and signed by us and you.
Waiver. Our failure to enforce any provision of these Terms or to respond to a breach by you or other
parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or
conditions of these Terms or to act with respect to similar breaches.
Severability. If a provision of these Terms is held invalid or unenforceable for any reason, that provision
will be deemed severable and shall be construed in a manner consistent with applicable law to reflect, as
nearly as possible, the intention of the parties. The validity and enforceability of any remaining provisions
will not be affected and such provisions shall remain in full force and effect.
Headers; Interpretation. Headings are for convenience only and are not to be considered in construing or
interpreting this Agreement. The terms “include,” “includes,” and “including,” whether or not capitalized,
mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,”
respectively and are to be construed as inclusive, not exclusive,
CHANGES TO THESE TERMS
We amend these Terms from time to time. We will use reasonable efforts to generally notify all users of
any material changes to these Terms, such as through a notice on our platform, however, you should look
at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top
of these Terms, which reflect the effective date of such Terms. Your continued access or use of the
Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not
agree to the new Terms, you must stop accessing or using the Services.