GooNova Wellness

Terms of Service

Last updated: May 12, 2026

Welcome and thank you for your interest in GOONOVA! These Terms of Service (this "Agreement" or these "Terms") describe the terms and conditions applicable to your use of the GOONOVA mobile application (the "Mobile App"), and your use of our services and software provided on or through the Mobile App, and any services, content, communications, and product features relating to the Mobile App and as set forth in these Terms (collectively with the Mobile App, the "Services"). The Mobile App is owned and operated by Northwind Jack Co., Ltd., a company incorporated under the laws of Thailand, and its affiliates and subsidiaries (collectively the "Company", "we" or "us").

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS BY USING OUR SERVICES.

These Terms of Service (this "Agreement" or these "Terms") form a binding agreement between you as a user ("you" or "your") and us and shall be the equivalent of a written paper agreement between you and us. The effective date of this Agreement is when you accept or are deemed to accept this Agreement as discussed below.

NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION WITH A CLASS ACTION WAIVER. PLEASE REVIEW SECTION 27 BELOW BEFORE ACCESSING OR USING OUR SERVICES.

We reserve the right to make modifications to these Terms at any time and for any reason. Please check these Terms regularly to ensure you are aware of any modifications made by us. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to these Terms of Service, you must immediately stop using our services.

1. Platform Services

Our Services include the following: (i) a personal sexual wellness session tracking platform that allows users to log sessions with duration, stroke count (strokes per minute via Apple Watch), and frequency data; (ii) AI-powered personalized coaching insights generated from your session data, which are an integral feature of the Services and require your express consent at sign-up; (iii) optional social features including leaderboards and friend sharing, each with granular privacy controls; and (iv) subscription access to premium features via the Apple App Store. You acknowledge and consent to our discretion in modifying, updating, or otherwise altering these Services. Please be aware that the availability and functionality of connected devices such as Apple Watch are governed by their respective terms of use.

2. Acknowledgement and Disclaimers

By using our Services, you acknowledge and agree to the following:

  1. Our Services are for general personal wellness tracking and informational purposes only. You should not rely on this information as a substitute for, nor does it replace medical advice, diagnosis, or treatment. Nothing stated or posted on our Services or provided by us is intended to be, and must not be taken to be, the practice of medical, mental health, sex therapy, physical therapy, professional or counseling care. You acknowledge that information on our platform does not come from licensed medical doctors or therapists and that we do not diagnose or treat any illnesses, injuries or diseases, or prescribe medicine for treatment of any disease.

  2. The Services, including all information, text, photographs, images, illustrations, graphics, audio, video, and audio-video clips, and other materials, whether provided by us or via connected devices, is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, or (b) a visit, call, or consultation with your physician or other medical professionals.

  3. Should you have any health-related questions, please call or see your physician or other medical provider promptly. You should never disregard medical advice or delay in seeking medical advice because of any information presented on the Services, and you should not use the Services or any information provided in the Services for diagnosing or treating a health problem. The transmission and receipt of Services, in whole or in part, or communication via the internet, email, or other means does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and us.

  4. GOONOVA does not provide therapy, sex therapy, mental health counseling, or any form of professional behavioral health services. AI Coaching Insights are generated by an automated system and are not a substitute for professional care.

  5. You should always consult a physician before making any changes to your health or activity based on information provided through the Services, or if you have any questions regarding a medical condition. We are not responsible for any health problems that may result from information you learn about through the Services. If you make any change to your activity based on the Services, you agree that you do so fully at your own risk.

  6. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" OR YOUR RELEVANT EMERGENCY NUMBER IMMEDIATELY.

3. General

Subject to the terms of this Agreement, you are responsible for your use of the Services, and for any information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, logos and trade-names (collectively, the "Content") you post to the Services, any Content you access from the Services, and for any consequences thereof.

4. Privacy and Required Consents

By accessing or using the Services, you intend to and expressly agree to be bound by all the terms and conditions of this Agreement and our Privacy Policy (the "Privacy Policy"), which is incorporated herein by reference. If you do not agree to these terms and conditions, you may not use the Services. Any information that you provide to us is subject to the Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use of your information as set forth in the Privacy Policy.

Required consents at sign-up. Creating a GOONOVA account requires you to: (a) accept these Terms; (b) accept the Privacy Policy; and (c) consent to processing of your session data (including health-related data such as heart rate from connected devices) by our third-party AI technology provider for the purpose of delivering AI Coaching Insights. You provide these consents simultaneously by ticking the consent checkbox on the sign-up screen. If you do not provide all three consents, you cannot create an account or use the Services.

Withdrawal of AI processing consent. You may withdraw your consent to AI processing at any time from the "Share Data with AI Provider" toggle in the Privacy & Friends section of the app. Because AI Coaching Insights is an integral feature of the Services, withdrawal of consent will end your access to the Services. No refund will be issued for any unused portion of the then-current subscription billing period (see Section 12.4 below). You may re-grant your consent at any time to regain access to the Services.

5. Accounts

Some Services offered by the Company require you to create an account. GOONOVA accounts are created via Apple Sign-In or Google Sign-In. Users are identified within the Services by their chosen display name. You are responsible for keeping your device and account credentials secure and confidential. You agree to inform us immediately if you suspect that your account or login information has been compromised. You may not create more than one account on our Services.

6. Eligibility

By using our Services, you represent and warrant that you:

  • Are at least 18 years of age;
  • Are legally qualified to enter a binding contract with us;
  • Are not prohibited by applicable law from using our Services;
  • Do not have more than one account on our Services; and
  • Have not previously been removed from our Services by us, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, we reserve the right to delete your account with us and to delete all Content uploaded by you to our Services. Failure to meet these minimum requirements may be grounds for the Company to deny you access to the Services. The Company shall have sole discretion to mandate, interpret, and enforce any such minimum requirements.

7. Age-Restricted Content

All features and functionalities of the Services are restricted to users who are 18 years of age or older. GOONOVA is a sexual wellness application and is not directed to minors. There are no portions of the Services available to users under 18. By creating an account and using the Services, you confirm that you meet this age requirement.

The Company reserves the right to implement technical measures to verify user age and restrict access. Users who misrepresent their age assume all associated risks and liability, and the Company shall have no liability arising from such misrepresentation.

8. Content

Our Services may enable you to provide feedback, text, information, and other content (collectively, "Content"). By providing Content, in whatever form and through whatever means, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant us the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party.

You hereby represent and warrant that any Content you provide:

  • Is not created solely for the purpose of advertising or other commercial content;
  • Does not contain spam, unwanted contact, or content that is shared repeatedly in a disruptive manner;
  • Does not endorse or promote illegal or harmful activity, is not violent, graphic, threatening, or harassing;
  • Does not attempt to impersonate another person, account, or entity, including a representative of the Company;
  • Is not illegal and does not violate another person's or entity's rights, including intellectual property rights and privacy rights; and
  • Does not contain another person's private or confidential information.

9. Your Interactions with Other Users

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, AND YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT SCREENINGS OF ITS USERS, OTHER THAN AS SET FORTH IN THESE TERMS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR INTERESTS, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY INJURY POTENTIALLY INCURRED BY ITS USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY SCREENINGS OF ITS USERS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

10. Compliance with Laws

You agree to use the Services only for lawful purposes, and to conduct any transaction that uses the Services in accordance with all applicable laws and regulations. You will not use the Services for any fraudulent or illegal activity.

11. Fees

In general, we make money by charging fees relating to use of our Services. By using our Services, you agree to pay all fees. Subject to applicable law and as authorized by our agreements with you, we reserve the right to adjust our pricing and fees at any time. We may offer you the opportunity to purchase subscriptions that provide access to the Services, certain content, or products for a specified period of time. Subscriptions are managed through the Apple App Store and processed by RevenueCat. Access to the Services, certain content, or products included in subscription may change from time to time, as we introduce new features, develop our existing offering and sometimes retire features that are not working out as planned. You may purchase a subscription on a recurring basis disclosed to you prior to your purchase by paying a subscription fee plus applicable taxes in advance.

12. Subscriptions

The Company offers users the ability to purchase a subscription for the Services through the Apple App Store (each such purchase, an "App Store Purchase"). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.

  1. App Store Purchases and Subscriptions. If your App Store Purchase includes an automatically renewing subscription, then your Apple ID account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.

    To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your Apple ID account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Mobile App from your device.

    To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your GOONOVA subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com.

  2. Refunds. All purchases are subject to the Apple App Store's refund policy. GOONOVA does not process refunds directly.

  3. Price changes. We may change subscription prices at any time. Price changes will take effect at the start of the next subscription period and you will be notified in advance.

  4. No refund on consent withdrawal. AI Coaching Insights is an integral feature of the Services and requires your consent at sign-up (see Section 4). If you withdraw that consent (whether from the "Share Data with AI Provider" toggle in Privacy & Friends or otherwise), your access to the Services will end. We will not issue any refund, credit, or pro-rated reimbursement for the unused portion of your then-current subscription billing period, and Apple's refund policy may likewise not apply. Your subscription will continue to renew at the next billing cycle unless you cancel it via the Apple App Store as described above. You may re-grant your consent at any time to resume using the Services for the remainder of any active billing period.

13. Your License to the Services

Subject to your payment of applicable fees and continued compliance with this Agreement and any separate agreements we may have with you, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access the Services as authorized in these Terms for personal, non-commercial use. Except for the limited license to access the Services identified in the preceding paragraph, you acknowledge that nothing contained in these Terms shall be construed as granting or conferring to you, by implication, estoppel or otherwise, any right, title, or interest to any intellectual property of the Company, our third-party service providers or any other third party.

14. Restrictions On Use

You agree that you will not:

  1. Distribute the Services for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the Services by way of the press or media or through any commercial network;
  2. Create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Services in whole or in part;
  3. Permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors;
  4. Probe, scan or test the vulnerability of the Services and any system or network;
  5. Breach or otherwise circumvent any security or authentication measures;
  6. Access, tamper with, or use non-public areas or parts of the Services;
  7. Access, search, or create accounts for the Services by any means other than our publicly supported interfaces;
  8. Circumvent storage space, usage, or transaction limits for improper means;
  9. Create false or misleading session data to manipulate leaderboard rankings;
  10. Use automated scripts, bots, or other automated means to interact with the Services;
  11. Publish or share materials that are unlawful or indecent;
  12. Advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
  13. Harass or abuse our personnel or representatives or agents performing services on behalf of the Company;
  14. Store, publish or share material that is fraudulent, defamatory, or misleading; or
  15. Violate the law in any way.

15. License Grant to Your Content

Except for your non-public personal information, you hereby grant to the Company the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to use, display, reproduce and store any Content or other information you provide on or through the Services or which is sent to the Company by email or other correspondence. The Company shall not be obligated to provide you compensation of any sort for such license. The Company is not subject to any obligations of confidentiality regarding any such Content or information unless specifically agreed to by the Company in writing or required by law. You represent and warrant that you have the right to grant the license set out above.

16. Suspension of Transactions and Services

Without limiting our ability to terminate under this Agreement or our right to change, modify, suspend or discontinue the Services at any time as set forth elsewhere in these Terms, we also reserve the right to cancel or suspend transactions and/or our Services due to fraud or compliance-related concerns.

17. Third-Party Links and Services

Our Services may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with same.

18. Feedback

If you send or transmit any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including, without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), we are free to use such Feedback and any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, without any attribution or compensation to any party, although we are not required to use any Feedback.

19. Beta Services

You may choose to use Services or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings ("Beta Services") in your sole discretion. If you choose to use any Beta Services, you acknowledge and agree that: (a) Beta Services may not be supported and may be changed at any time without notice; (b) Beta Services may not be as reliable or available as the Services; (c) Beta Services have not been subjected to the same security measures and auditing to which the Services have been subjected; and (d) WE WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES. USE AT YOUR OWN RISK.

20. Assumption of Risks; Release

  1. You understand, acknowledge, and freely assume all risks, including physical, psychological and emotional risks (whether or not foreseeable to us or you), relating to your access or use of our Services. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, physical, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the access or use of our Services.

  2. You understand and acknowledge there is no guarantee that personal information and transactions on our Services or on the internet will be maintained confidential and secure. Your access or use of the Services is at your own risk, and that to the maximum extent permitted by applicable law we assume no liability or responsibility pertaining to our Services, your use of the Services or the receipt, storage, transmission or other use of your personal information.

  3. By accessing or using our Services, you agree to fully release, indemnify, and hold harmless, including costs and attorneys' fees, us from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, arising at any time out of or in relation to your access or use of our Services.

21. Indemnity

You always agree to indemnify, defend and hold harmless the Company, its agents, suppliers, licensors, affiliates and their respective directors, officers and employees (collectively, the "Indemnified Parties") against all losses, liabilities, suits, claims, actions, costs, damages and expenses (including, without limitation, reasonable attorneys' fees and expenses) sustained, incurred or paid by any Indemnified Party directly or indirectly resulting from, arising out of, relating to or in connection with: (i) violation of these Terms by you or other person using your account or credentials; (ii) your access to or use of the Services; (iii) any information used, stored, or transmitted in connection with your account or credentials; (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights, by you or anyone using your account or credentials; or (v) violation of any law, regulation, or other legal requirement. This paragraph is intended to be applicable to the maximum extent allowed by law.

22. Limitations on Liability and Disclaimers

  1. NO WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE AGREEMENT WITH YOU, THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

  2. NO SPECIAL DAMAGES. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

  3. ADDITIONAL LIMITATION. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THE SERVICES; ANY OTHER APPLICATION ACCESSED TO OR FROM THE SERVICES; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY.

  4. AGGREGATE LIABILITY. IN NO CASE WILL THE COMPANY, ITS AFFILIATES', AGENTS', LICENSORS', SUPPLIERS' AND THEIR RESPECTIVE DIRECTORS', OFFICERS' AND EMPLOYEES' CUMULATIVE TOTAL LIABILITY FOR ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) ARISING UNDER OR RELATING TO THE SERVICES BE MORE THAN THE VALUE OF THE FEES ACTUALLY PAID TO US BY YOU DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.

23. Term and Termination

  1. We may, at any time and in its sole discretion, without prior notice, and without any liability to you, modify or discontinue any portion of our Services, either temporarily or permanently.

  2. The Company reserves the right to immediately suspend or terminate the account of any user who is determined to be under 18 years of age, or who has misrepresented their age in connection with the Services.

  3. At any time and in our sole discretion, without prior notice, and without any liability to you, we may (i) cancel or deactivate your account; or (ii) temporarily or permanently, suspend, restrict, or terminate access to any or all of Services for any reason or for no reason. We are under no obligations to disclose its reason for any termination or suspension of the Service to you or generally.

  4. In the event of any termination of this Agreement, discontinuation of all Services, or termination of your right to access all Services: (i) all fees and amounts payable to us by you shall immediately become due; (ii) we may delete any of your user data without any liability to you, provided that we also reserve the right to retain your user data for a reasonable period following termination; and (iii) we may cancel any open transactions that are pending at the time of the termination.

  5. Termination on withdrawal of AI processing consent. AI Coaching Insights is an integral feature of the Services. If at any time you withdraw your consent to AI processing (see Section 4 and the "Share Data with AI Provider" toggle in Privacy & Friends), your access to the Services will end automatically and without prior notice. Your account will remain in a consent-withdrawn state in which the only available actions are to re-grant consent or to delete your account. No refund, credit, or pro-rated reimbursement will be issued for any unused portion of your then-current subscription billing period (see Section 12.4). Your subscription will continue to renew at the next billing cycle unless you cancel it via the Apple App Store; we recommend cancelling promptly if you do not intend to re-grant your consent.

  6. The provisions of these Terms relating to indemnification, our limitations of liability and disclaimers, your warranties and any other provisions which by their terms should reasonably survive termination, shall survive termination of the Services or this Agreement.

24. Separate Agreement

From time to time, we may enter into separate agreements to govern your use of the Services. Except otherwise replaced by the terms of such separate agreements, these Terms shall govern and control with respect your use of the Services.

25. Notices

We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the Mobile App; (2) by email, sent to the email address associated with your account; and/or (3) through any other means you have provided us. Such notice to you will be deemed received and effective upon receipt or twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

26. Community Guidelines

Your use of the Services is also governed by our Community Guidelines, which are incorporated into these Terms by reference. Violation of the Community Guidelines may result in suspension or termination of your account.

27. Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF, AND REQUIRES YOU ARBITRATE DISPUTES WITH US. If you have a dispute with us, we will first seek to resolve such a dispute through our support team.

Except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of intellectual property, copyrights, trademarks, trade names, logos, trade secrets or patents, 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, will be determined by binding arbitration administered by the Thai Arbitration Institute (TAI) in accordance with its rules. The seat of arbitration shall be Bangkok, Thailand. The language of arbitration shall be English. The arbitral award shall be final and binding. Disputes will not be resolved in any other forum or venue. You agree that any arbitration will be conducted by a sole arbitrator.

NOTICE: BOTH YOU AND THE COMPANY ARE AGREEING TO HAVE ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT DECIDED BY NEUTRAL BINDING ARBITRATION AND ARE GIVING UP ANY RIGHTS IT MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL. BY AGREEING TO THIS ARBITRATION AGREEMENT, BOTH YOU AND THE COMPANY ARE GIVING UP THEIR RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL EXCEPT TO THE EXTENT THAT THEY ARE SPECIFICALLY PROVIDED FOR UNDER THIS AGREEMENT. BY AGREEING TO ARBITRATION, YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. IF ANY PARTY REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THAT PARTY MAY BE COMPELLED TO ARBITRATE UNDER APPLICABLE LAW. BOTH YOU AND THE COMPANY CONFIRM THEIR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

28. Governing Law

This Agreement shall be governed pursuant to the laws of the Kingdom of Thailand, without regard to principles of conflict of laws. You agree that the Company may initiate a proceeding related to the enforcement or validity of the Company's intellectual property rights in any court having jurisdiction. With respect to any proceeding that is not subject to arbitration under this Agreement or policies incorporated herein, you agree that any proceedings shall be in the courts of Bangkok, Thailand. You waive any objection to venue and to submit to personal jurisdiction in any such courts.

29. Interpretation

The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.

30. Entire Agreement

This Agreement as it may be amended from time to time in accordance with these Terms, and all other legal notices and policies, constitutes the entire agreement between you and the Company with respect to the use of the Services.

31. Amendment and Waiver

The Company reserves the right, in its discretion, to amend this Agreement at any time by posting amendments through the Services. You are responsible for periodically reviewing the amendments, and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using the Services. Access to or use of the Services after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

32. Severability

Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

33. Inurement

This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.

34. Assignment

You shall not assign or transfer any of your rights or obligations under this Agreement without our prior written consent, which we may withhold at our sole and absolute discretion. Any actual or attempted assignment hereof by you contrary to the terms of this Agreement shall be null and void. We may, at its discretion, assign some or all our rights or obligations to a third party, without your consent or approval. If we are acquired by, sold to, or merged with a third-party entity, we reserve the right to transfer or assign all your user data as part of such merger, acquisition, sale, or change of control.

35. Support

Please direct questions, complaints, or issues to nak@northwindjack.com. Hours of support are Mon to Fri, 10:00 AM to 6:00 PM (ICT).