Terms of Service Agreement

We want to thank you for using The RelationSuite’s products, services, websites, podcasts and apps (“Products”). Our customers are the most important aspect of our business and we appreciate you looking to The RelationSuite to further your business.  The RelationSuite offers our customers information about relationships, separation and divorce and provides Australia family law legal information.  The entire selection of products, services and tools offered by The RelationSuite are our “Product”. 

Keep Your Details Accurate and Safe.  The RelationSuite occasionally sends notices to the email address registered with your account..  You should ensure that the email that you provide us is safe and secure and can be not accessed by others.  If you do not wish for the RelationSuite to send you emails, you should unsubscribe. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate.  You should also consider the safety of the method of payment for purchase.

This Terms of Services Agreement (“Agreement”) contains the terms under which The RelationSuite provides our Product to you and describes how the Product may be accessed and used.

You must read, agree, and accept all terms and conditions contained in this Agreement and expressly referenced in this Agreement, including The RelationSuite’s Privacy Policy (the “The RelationSuite Policies”), before you subscribe for our Product.  This Agreement incorporates the The RelationSuite Policies and we refer to the combination of this Agreement and all additional terms and Policies included on this website collectively as these “Terms.”

If you will be using the Product on behalf of an entity or other organization, you agree to these Terms on behalf of that entity or organization and you represent that you have such authority. “You” and “your” will refer to that entity or organization.

When you subscribe to our Product, or otherwise use or access the Product, you agree to be bound by these Terms and applicable laws, rules, and regulations.  You may be asked to click “I accept” at the appropriate place prior to your purchase of access to our Product.  At such time, if you do not click “I accept”, you may not be able to complete your purchase or access our Platform.  If you do not agree to these Terms, please do not use our Product in any way.

  1. Fees and Payments

1.1. Fees for our Product. You agree to pay The RelationSuite any fees for each Product you purchase or use in accordance with the pricing and payment terms presented to you for that Product. We use third party payment processors (Stripe and PayPal) to bill you through a payment account linked to your The RelationSuite account.  The processing of payments will be subject to the terms, conditions and privacy policies of the applicable payment processor, in addition to this Agreement. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify The RelationSuite of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law. Unless otherwise indicated, all fees and other charges are in AUD. dollars, and all payments shall be in AUD. currency. In no event will The RelationSuite credit, refund, or reimburse you for a foreign exchange fee charged by your credit card or for any difference in fees due to currency conversion.

1.2. Subscriptions.  Our Product is billed on a subscription basis (“Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Payment will be charged to your chosen payment method at confirmation of purchase.

If you initially sign up for a plan that includes a free or discounted trial period, and you do not cancel that account before the stated trial period expires, you will be billed for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged.

The RelationSuite may change the price for Subscriptions from time to time and will communicate any price changes to You in advance and, if applicable, how to accept those changes. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, You accept the new price by continuing to use Your Subscription after the price change takes effect. If You do not agree with the price changes, You have the right to reject the change by cancelling Your Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.

We, through our third-party providers (Stripe and PayPal) will keep your detailed payment information, such as non-sensitive credit card partial numbers and expiration date, on file. We do not access this information, except through provided programmatic methods by the provider(s). You are responsible for keeping your payment details up-to-date by changing the details in your account settings.  When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent).  This enables us to provide you access to the Product.  You authorize us to continue to charge your credit card using the updated information.  If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription until applicable changes have occurred.  You also agree that we may charge you via your payment method on file if you elect to restart your subscription.

Any change (including any upgrade, downgrade or other modification) to any plan by you in a trial period will end the trial immediately.  You will be billed for your first term period (i.e. the first annual or monthly period) immediately upon upgrading. For any upgrade or downgrade in plan level after any trial period, your credit, debit, or other payment card will automatically be charged the new rate on your next billing cycle. You will be billed immediately for the prorated difference for the current billing cycle for any upgrade to any higher priced plan during that billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing cycle(s). This credit will not be refunded.

1.3. Taxes.  Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.

We will charge you GST, or any other sales, consumption or use taxes that arise in connection with your purchases of our Product.

1.4. Price Changes.  The RelationSuite may change the fees charged to you for the Services at any time, provided that, for Product billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. The RelationSuite will provide you with advance notice of any change in fees and you will have the opportunity to cancel your Subscription as set forth in Section 1.2.

1.5  Refund Policy.  We want all new customers to be excited about working with us.  If you are not 100% satisfied in relation to the relevant Product, we will offer a full refund within (seven) 7 days of purchase.  In that regard, please send us an email to [email protected] within seven (7) days of your sign-up letting us know the reasons for your dsissastifaction.  After that, all payments are nonrefundable and there are no refunds or credits.  We reserve the right to refuse refunds to anyone who abuses this Refund Policy.

Section 1.6 Authorized Payment Method. In any subscription Product, you must keep a valid payment method on file with The RelationSuite to pay for all fees. The RelationSuite will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and The RelationSuite will continue to charge the Authorized Payment Method for applicable fees until this Agreement is terminated, and any and all outstanding fees have been paid in full.

Section 1.7 Delinquencies. If The RelationSuite is not able to process payment of any fees using an Authorized Payment Method, The RelationSuite will provide you with a notice regarding the payment failure (a “Payment Failure Notice”). If the outstanding fees are not paid within 14 days of The RelationSuite providing a Payment Failure Notice, The RelationSuite may (in its sole discretion) suspend and revoke your access to the Product or certain services within the Product. Your full access to the Product will be reactivated upon your payment of any outstanding fees, plus the fees applicable to your next billing cycle.

If the outstanding fees are not paid within 30 days of The RelationSuite providing a Payment Failure Notice, The RelationSuite may (in its sole discretion) terminate your access to the Product or certain services within the Product. Your full access to the Product will be reactivated upon your payment of any outstanding fees, plus the fees applicable to your next billing cycle.

You may not be able to access the Product or certain services within the Product during any period of suspension or after termination which may impact your ability to provide your Content, products and/or services to, or process payments from, your End-Users. The RelationSuite is in no way liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of any impacts on your relationship with your End-Users as a result of any suspension or termination of your access to the Product. You agree to indemnify The RelationSuite for any such disputes with your End-Users in accordance with this Section 13.

  1.  The Product

2.1 The RelationSuite cannot and does not provide:

  1. legal advice;
  2. legal information with respect to any other jurisdiction outside Australia.  It does not provide legal information with respect to de facto relationships in Western Australia;
  3. financial advice;
  4. individual counselling or psychology services.

2.2 Information contained in the Product is correct as at November 2022.  Because the Australian Family legal system changes continually, the information is to be used as a guide only.

The RelationSuite believes that the information contained in the Product is correct at the time of compilation but does not warrant the accuracy of that information.  While every effort is made to ensure the accuracy of information, The RelationSuite accepts no responsibility for the hardship caused by typographical errors or other omission in its Products.

2.3 No direct or implicit recommendations are given in the Product.  The Product is not a substitute for professional advice and The RelationSuite does not accept any liability, director or indirect, arising from any person relying either wholly or partially on any information provided in or omitted in the Product.  The Product has been prepared without taking into account your particular financial, parenting or emotional needs, circumstances and objectives and is therefore not suitable to be acted on as financial, legal or counselling advice.   You should assess your own situation and may wish to consult an adviser (eg a lawyer, financial planner or psychologist) before making any changes to your financial or personal affairs.

2.4 Any information provided by The RelationSuite through its Product, in help articles, examples, or the like are provided for informational purposes only and are provided without any warranty, express or implied, including as to their legal effect and completeness.  The RelationSuite cannot provide you with any legal or tax advice and encourages you to consult with legal and tax lawyers and counsel, sounsellors and family lawyers and other professional consultants of your own selection and at your own expense to obtain individual advice applicable to your particular circumstances. compliance with all applicable Laws.  You agree that you are solely and exclusively responsible for any decisions you make in relation to your personal circumstances.

  1.  Privacy & Security

3.2. Privacy.  While using the Product, you may submit personal information to The RelationSuite (including your personal data and the personal data of others) or third parties may submit personal information to you through the Product. We know that your personal information is very important to you and by giving us your personal information, you are trusting us to treat it appropriately. The RelationSuite’s Privacy Policy explains how we treat your Content and we agree to adhere to our Privacy Policy. You also agree that The RelationSuite may use and share your personal information in accordance with the Privacy Policy and applicable data protection laws.  By using the Product, you acknowledge and agree that The RelationSuite’s collection, usage, and disclosure of your personal information is governed by our Privacy Policy.  

3.4. Confidentiality.  The RelationSuite will treat your personal information as confidential information and only use and disclose it in accordance with the Terms (including the Privacy Policy). However, your personal information is not regarded as confidential information if such personal information: (a) is or becomes public (other than through our breach of the Terms); (b) was lawfully known to The RelationSuite before receiving it from you; or (c) is received by The RelationSuite from a third party without our knowledge of breach of any obligation owed to you. The RelationSuite may disclose your personal information when required by law or legal process, but only after we, if permitted by law, use commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.  

3.5. Security.  The RelationSuite will store and process your personal information in a manner consistent with industry security standards. We have implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your personal information and to mitigate the risk of unauthorized access to or use of your personal information.

If The RelationSuite becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), we will take reasonable steps to notify you without undue delay, but no later than 72-hours of becoming aware of the Security Incident. The RelationSuite will also reasonably cooperate with you in regards to any investigations relating to a Security Incident by helping to prepare any required notices and providing any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by The RelationSuite, subject to our Guidelines for Legal Requests.

  1. The RelationSuite’s Intellectual Property

4.1.  Product License.  Neither the Terms nor your use of the Product grants you ownership in the Product or any content you access through the Product (other than your personal information). The Terms also do not grant you any right to use The RelationSuite’s trademarks or other brand elements.  We or our licensors own all right, title, and interest in and to the Product, and all related technology and intellectual property rights. Subject to the Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Product solely in accordance with the Terms. This means, for example, you cannot copy, pass off as your own or sell the content provided by the Product.  Except as provided in this Section 4.1, you obtain no rights from us, our affiliates, or our licensors to the Product, including any related intellectual property rights.  

4.2.  License Restrictions.  You will not use the Product in any manner or for any purpose other than as expressly permitted by the Terms. You will not or will not attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Product; (b) reverse engineer, disassemble, or decompile the Product or apply any other process or procedure to derive the source code of any software included in the Product (except to the extent applicable law doesn’t allow this restriction); (c) access or use the Product, or any part of the Product, in a way intended to avoid incurring fees or exceeding usage limits or quotas; or (d) resell or sublicense the Product. 

  1. Third Party Sites and Services

5.1. Third Party Resources.  The RelationSuite may from time to time recommend or provide you with access to third party software, applications, services, products or websites for your consideration or use.  These optional tools and integrations are made available to you as a convenience and your use of these third party providers is solely between you and the applicable provider. We do not monitor or have any control over, and we make no claim, warranty or representation regarding any such third party offerings and we accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of, any such third party offerings. Your use of any optional third party offerings provided by our Product or a third party website is at your own risk and you expressly release The RelationSuite from any all liability arising from your use of any third party website. You acknowledge that The RelationSuite has no control over such third party services or products and shall not be responsible or liable to you or anyone else arising from or relating to your use of optional third party services. The RelationSuite does not guarantee the availability of such third party services and you acknowledge that The RelationSuite may disable access to any third party service at any time in its sole discretion and without notice to you.  In some instances, The RelationSuite may receive a revenue share for these third party providers.  You should review such third party’s applicable terms and policies, including privacy and data gathering practices, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Trademarks and Content displayed in conjunction with the Product are the property of their respective owners.

  1. Account Management

6.1. Keep Your Password Secure.  If The RelationSuite has issued an account to you in connection with your use of the Product, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not The RelationSuite, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify The RelationSuite immediately at contact@The RelationSuite.com. Accounts may not be shared and may only be used by one individual or organization per account.

6.2. Keep Your Details Accurate and Safe.  The RelationSuite occasionally sends notices to the email address registered with your account.  You should ensure that the email that you provide us is safe and secure and can be not accessed by others.  If you do not wish for the RelationSuite to send you emails, you should unsubscribe. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate.  You should also consider the safety of the method of payment for purchase.

  1. User Requirements

7.1. Legal Status.  If you are an individual, you may only use the Product if you have the power to form a contract with The RelationSuite. If you do not have the power to form a contract, you may not use the Product. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.

7.2. Minors. “Minors” are individuals under the age of 18 (or a higher age as provided in certain countries and territories). The Product is not intended for use by Minors. If you are a Minor in your place of residence, you may not use the Product. By using the Product, you represent and warrant that you are not a Minor.  Furthermore, the Product is not directed at children under the age of 16 and The RelationSuite does not knowingly collect personal information from children. In your use of the Product, it is your sole responsibility to comply with all applicable laws relating to the privacy rights of children, including the Children’s Online Privacy Protection Rule (COPPA).

  1.  Suspension and Termination of Services

8.1. By You.  If you are accessing the Product by Subscription, you can terminate your Subscription and delete your account at any time through your account management page. Such termination and deletion will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Product. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund where you have used our Product, unless the termination is due to our material, uncured breach or a refund is required by law.

8.2. By The RelationSuite.  The RelationSuite may terminate your Subscription for any reason at the end of a billing cycle by providing at least 30 days’ prior written notice to you and you will not be charged for the next billing cycle. The RelationSuite may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. The RelationSuite may immediately suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms, in our sole discretion, and failed to cure that breach within 30 days after we have notified you in writing of such breach; or (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days. Additionally, The RelationSuite may immediately limit, suspend, or terminate the Product to you: (i) if, in our sole discretion, you fail to comply with these Terms; (ii) if, in our sole discretion, you use the Product in a way that causes legal liability to us or disrupts others’ use of the Product; or (iii) we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Product you receive, depending upon the reason, we will endeavor to give you advance notice and an opportunity to obtain a copy of your Content from that Service. However, there may be time sensitive situations where The RelationSuite may decide that we need to take immediate action without notice. The RelationSuite will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. The RelationSuite has no obligation to retain your Content upon termination of the applicable Service.

8.3. Further Measures.  If The RelationSuite stops providing the Product to you because you repeatedly or egregiously breach these Terms, The RelationSuite may take measures to prevent your further use of the Product, including blocking your IP address.

  1. Changes and Updates

9.1. Changes to Terms.  You acknowledge and agree that The RelationSuite may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Product, and to account for new Products or functionality. The most current version will always be posted on our website. If an amendment is material, as determined in The RelationSuite’s sole discretion, we may notify you by email and/or posting it to our website or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted, and apply to all access to and use of the Product thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted.  If you do not want to agree to any changes made to the Terms, you should stop using the Product, because by continuing to use the Product you indicate your agreement to be bound by the updated terms.

9.2. Changes to the Product and Services.  We are continually changing and improving our Product. The RelationSuite may add, alter, or remove information or functionality from a Service it provides to you at any time without prior notice. The RelationSuite may also limit, suspend, or discontinue a Service provided to you at our discretion. If we discontinue a Service, we will give you reasonable advance notice to provide you with an opportunity to obtain a copy of your Content from that Service. The RelationSuite may remove content from the Product it provides you at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.

9.3. Downgrades.  Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account.

  1. Disclaimers and Limitations of Liability

10.1. Disclaimers.  While The RelationSuite strives to provide you with a great experience when using the Product (and we love to please our customers), there are certain things we do not promise about our Product. We try to keep our Product up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ANY INFORMATION, GUIDANCE, OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND THE RELATIONSUITE DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE PRODUCT.

10.2. Exclusion of Certain Liability.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE RELATIONSUITE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE RELATIONSUITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10.3. Limitation of Liability.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF THE RELATIONSUITE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT AND THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO THE RELATIONSUITE FOR USE OF THE PRODUCT AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

10.4. Consumers.  We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.

  1. Resolving Disputes; Arbitration Agreement; Governing Law.

11.1.  Resolving Disputes.  If you have a concern, we want to first try to address it without needing a formal legal case. Before filing a claim against The RelationSuite, you agree to try to resolve the dispute informally by contacting contact@The RelationSuite.com.au. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or The RelationSuite may bring a formal proceeding.

11.2.  Judicial Forum for Disputes. You and The RelationSuite agree that any judicial proceeding to resolve claims relating to these Terms or the Product will be brought in the federal or state courts of New South Wales, Australia, subject to the mandatory mediation provisions below. Both you and The RelationSuite consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

We Both Agree to Mediate. You and The RelationSuite agree to resolve any claims relating to these Terms or the Product through mediation or other suitable alternative dispute resolution forums.

11.3 NO CLASS ACTIONS.  You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.

11.4.  Governing Law.  These Terms will be governed by New South Wales law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.

  1. Other Terms

12.1.  Assignment.  You may not assign these Terms or your rights to use our Product without The RelationSuite’s prior written consent, which may be withheld in our sole discretion. The RelationSuite may assign these Terms at any time without notice to you.

12.2. Entire Agreement.  These Terms, and any other policy located on our website constitute the entire agreement between you and The RelationSuite, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. 

12.3. Independent Contractors.  The relationship between you and The RelationSuite is that of seller and buyer, and not legal partners, employees, or agents of each other.

12.4. Interpretation.  The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.

12.5. No Waiver.  A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.

12.7. Severability.  If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.

12.8. Third Party Beneficiaries.  There are no third party beneficiaries to these Terms.

12.9. Survival.  The following sections will survive the termination of these Terms: 1, 2, 3, 8, 9, 10, 11, and 12.

12.10. Language. These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.