Last Updated: April 1, 2018
THESE TERMS AND CONDITIONS (THIS "Agreement") CONSTITUTE A BINDING CONTRACT BETWEEN CUSTOMER (DEFINED BELOW) AND Vayo Labs Ltd. ("Vayo", "we", "us" and "our"), AND BY CLICKING "I AGREE" BELOW, OR BY OTHERWISE ACCESSING OR USING THE SERVICE (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING (THE DATE OF SUCH OCCURRENCE BEING THE "Effective Date"):
IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE.
As used in this Agreement "Customer" means either you personally or, if you are entering into this Agreement on behalf of an entity (for example, if you are subscribing using an entity's email domain), such entity, and in such case you represent that you have the authority to bind such entity to this Agreement.
You represent that you are of a legal age in your jurisdiction to form a binding contract, but in any event at least thirteen (13) years old. Children under the age of thirteen (13) are not permitted to access or use Service. If you are between thirteen (13) and eighteen (18) years old, you must review this Agreement with your parent or guardian, have him/her accept it on your behalf, as well as approve your use of the Service.
This Agreement (including any annexes) and any Order Forms (defined below) represent the entire agreement between Vayo and Customer with respect to the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous oral and/or written agreements, understandings and statements between Customer and Vayo with respect to such subject matter. Customer acknowledges and agrees that in entering into this Agreement it has not relied on any statement or representation (whether negligently or innocently made) not expressly set out in this Agreement, such as statements and explanations in any FAQs, summaries or explanatory guides regarding this Agreement, or other marketing material on the Site (defined below). The language of this Agreement is expressly agreed to be the English language. By entering into the Agreement Customer hereby irrevocably waives, to the maximum extent legally permitted, any Law (defined below) applicable to you requiring that the Agreement be localized to meet Customer's language (as well as any other localization requirements), or requiring an original (non-electronic) signature or delivery or retention of non-electronic records.
Vayo reserves the right to make changes to this Agreement at any time by posting the changed Agreement at https://vayo.io/terms. (We may – but are not obligated to – also provide notice through a pop-up or banner within the Service, by sending an email to any address Customer you may have used to register for the Service, or through other similar mechanisms.) Such changes will be effective ten (10) days after such posting, and Customer's continued use of the Service thereafter shall constitute Customer's acceptance of such changes. In such cases, we will also update the "Last Updated" date set forth above. Please check the above webpage regularly for any changes to this Agreement.
At Vayo's sole discretion, any Vayo obligation hereunder may be performed (in whole or in part), and any Vayo right or remedy may be exercised (in whole or in part), by a Vayo Affiliate (defined below).