Terms of Service

Last Updated: 19/06/2024

Welcome to EA5, an educational technology platform that aims to inspire new ways of thinking through EA5 Guided Audio Sessions to enhance performance and wellbeing.

We’d like to take this opportunity to explain what we are setting out to deliver as a company and what you can reasonably expect from us. Please take a few moments to read our terms of service.

1. Agreement to our Legal Terms

EA5 websites https://ea5.com and https://app.ea5.com (the “Websites”), mobile applications (the “Apps”), and other related services (together with the Websites and Apps, the “Services”) are operated by EA5 ('EA5', 'us', or 'we').

EA5 may provide performance coaching and psychology consultancy, in conjunction with the Services, as part of our coaching programmes, team license and enterprise license agreements (the ”Consultancy”). The Consultancy is subject to separate eligibility criteria and bound by additional Terms & Conditions.

These Terms of Service (these “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Protecting and safeguarding any personal information you provide through our Services is extremely important to us. Information about our privacy practices can be found in our Privacy Notice (“Privacy Notice”). You acknowledge that your use of the Services is also subject to our Privacy Notice.

EA5 may modify or change these Terms at any time. If we do this, we will post a notice that we have made changes to these Terms on the Website for at least 7 days after the changes are posted and will indicate at the top of these Terms the date they were last updated. Any changes will be effective immediately or on the published effective date. Your use of the Services after any modification or amendment means you agree to the new Terms. If you do not agree to the new Terms, you must stop using the Services.

NOTHING IN THE EA5 SERVICES IS A SUBSTITUTE FOR PROFESSIONAL MENTAL HEALTH OR MEDICAL TREATMENT. YOU SHOULD ALWAYS SEEK THE ATTENTION OF A LICENSED MEDICAL PROFESSIONAL FOR ANY CONCERNS.

2. Description of Website and Services

The Services allow users to access and engage with a variety of learning experiences through EA5 Guided Audio Sessions. Sessions allow users to stop, listen and think in a new way. EA5 may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Services, temporarily or permanently.

3. Additional Terms

Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.

4. Service Use

Eligibility. The Services are intended for users who are at least 13 years old. If you are under the age of 13 years old, you may only use the Services if your parent or guardian agrees to our Terms. Please read these Terms with them. If you are a parent or legal guardian of a user under the age of majority where you live, you are subject to these Terms and responsible for your child’s activity on the Services.

5. User Representations and Warranties

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Services for any illegal or unauthorised purpose; and (8) your use of the Services will not violate any applicable law or regulation.

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

6. Premium Membership

This section provides terms related to the Services that are only available with a paid subscription (“EA5 Premium”).

6.1 Account Registration and Security

To access EA5 Premium you must register for an account. You must provide accurate account information, keep this information updated, and maintain the security of your account. Each registration is intended for one user only and you are prohibited from sharing your credentials or your account with anyone. We may cancel or suspend your access to our Services if you share your credentials. Notify us immediately by email at contact@ea5.com of any unauthorised use of your account or any other breach of security. You agree not to create an account if we have previously removed you or your account from any of the Services without our permission.

6.2 In-App Subscription

If you purchase an in-app subscription for EA5 Premium this will continue and automatically renew until terminated. You authorise us to charge any form of payment you provide, in connection with your subscription through your chosen third-party payment processor, such as Apple iOS or Google Play. You must cancel your subscription at least 24 hours before it renews in order to avoid billing of the subscription fees for the next billing cycle, as described in section 6.3. Your billing will include your subscription fees and any applicable taxes and transaction fees.

EA5 will have no liability or responsibility regarding any issues, difficulties or claims regarding in-app purchases as they are done through third-party platforms.

6.3 Cancellation

You can cancel your EA5 subscription at any time through the settings of your third-party payment processor, like Apple iOS or Google Play accounts. If you cancel your subscription, you will continue to have access to EA5 Premium until the end of your current subscription period. If you are unsatisfied with EA5 Premium, please email us at contact@ea5.com.

6.4 No Refunds on Subscriptions

All payments are nonrefundable. Refunds cannot be claimed for any partial subscription period. EA5 will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information) (“Payment Method”).

6.5 Payment Terms

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions. You consent to us charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable subscription.

All of your banking details, credit card details and other payment methods are encrypted and are never stored on our website and/or application. All financial transactions made in connection with the Services will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will EA5 be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

We reserve the right to modify at any time any fees, if you do not agree with the price change you can stop using our Services at any time before renewal payment occurs.

6.6 Team or Enterprise License

We may also offer you the ability to access EA5 Premium through a Team or Enterprise License (”EA5 License”), which may be provided as part of an agreement between EA5 and your organisation. To receive access to EA5 Premium through an EA5 License, you must follow the instructions provided by your organisation according to the terms of its agreement with EA5. Your ability to access and use EA5 Premium through an EA5 License may be subject to additional terms between you and your organisation. Once your eligibility under the EA5 License expires, your right to use EA5 Premium as part of that subscription will automatically terminate.

7. Prohibited Use of the Services

You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, meaningful and supportive user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretences.
Use a buying agent or purchasing agent to make purchases on the Services.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Engage in unauthorised framing of or linking to the Services.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Attempt to impersonate another user or person or use the username of another user.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorised script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use the Services in a manner inconsistent with any applicable laws or regulations.

8. User Generated Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.

9. Ownership and Licensing

9.1 EA5 Services Ownership

Subject to the limited license rights granted under these Terms, EA5 and its licensors exclusively own all right, title, and interest in and to the Services, including all text, graphics, images, audio, video, or other materials made available via the Services, and all associated intellectual property rights. You acknowledge that the Services are protected by intellectual property rights and other laws of England and Wales and foreign countries. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any part of the Services. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Services, except as necessary for your permitted use of the Services.

9.2 Limited License Granted by EA5

Subject to your compliance with these Terms, EA5 grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal, non-commercial purposes (unless EA5 has granted you written permission to do otherwise, for example on a trial or test basis). Any use of the Services other than as specifically authorised herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and will violate our intellectual property rights.

9.3 Contribution Ownership

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

9.4 License You Grant to EA5

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to EA5 a non-exclusive, transferable, sublicensable, worldwide, royalty-free, license to use, store, publish, translate, reproduce, adapt, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your Contributions and any name, username, or likeness provided in connection with your Contributions in all media formats and channels now known or later developed in connection with operating, marketing, and providing the Services without compensation to you, and to the extent permitted by applicable laws, you hereby waive all moral or special rights in this regard. This license lasts for as long as your Contributions are protected by intellectual property rights. When you post or otherwise share Contributions on or through the Services, you understand that your Contributions and any associated information may be visible to others. You represent and warrant that your Contributions, and our use of such Contributions as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.

9.5 Trademarks

EA5’s trademarks, including but not limited to EA5, EA5’s logos, product and service names, slogans, and the look and feel of the Services may not be copied, imitated or used, in whole or in part, without EA5’s prior written permission. The absence of a trademark from this list does not constitute a waiver of EA5’s trademark or other intellectual property rights concerning that trademark. All third-party trademarks mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by EA5.

10. Third Party Websites

The EA5 Services may contain links to third-party websites. If you use these links, you will leave the EA5 Services and your dealings will solely be with the third-party websites. You agree that EA5 is not responsible or liable for any content, goods or services provided on or through these outside websites. You use these links at your own risk and liability. We have no responsibility for the content, legality or accuracy of any third-party information, products or services.

11. Disclaimer of Warranties and Limitation of lIability

YOUR USE OF THE EA5 SERVICES IS AT YOUR SOLE RISK. EA5 IS PROVIDING THE SERVICES ALONG WITH CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. EA5 AND ITS AFFILIATED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, AND IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EA5 MAKES NO WARRANTIES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) MEMBER CONTENT; (ii) ANY THIRD PARTY, OR THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE ACCESSIBLE OR MADE AVAILABLE TO YOU THROUGH THE SERVICES; (iii) THE QUALITY OR CONDUCT OF ANY USER OR OTHER THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING ANY ACTIVITIES, EVENTS, ENGAGEMENT OR INTERACTIONS WITH OTHERS THAT MAY BE FACILITATED THROUGH USE OF THE SERVICES; OR (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF MEMBER CONTENT. FURTHER, EA5 AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT THE SERVICES (INCLUDING ANY INFORMATION OR OTHER MATERIAL YOU OBTAIN THROUGH THE SERVICES) WILL (I) MEET YOUR REQUIREMENTS, (II) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) BE ACCURATE OR RELIABLE, (IV) BE OF SUFFICIENT QUALITY, AND (V) BE CORRECTED OF ANY ERRORS. YOU USE MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EA5 AND ITS AFFILIATED PARTIES ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL EA5 OR ITS AFFILIATED PARTIES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND AGGREGATE MAXIMUM LIABILITY OF EA5 AND ITS AFFILIATED PARTIES FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE CLAIM, PROVIDED THAT IF A PROVISION IN THE TERMS ENTITLES YOU TO A REFUND, NOTHING IN THESE TERMS SHALL BE CONSTRUED TO VOID YOUR ENTITLEMENT TO THE FULL AMOUNT OF THAT REFUND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IF YOU HAVE NOT PAID EA5 ANYTHING FOR THE SERVICES DURING THAT TWELVE-MONTH PERIOD, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS APPLY, AND LIABILITY IS LIMITED, ONLY TO THE EXTENT PERMITTED BY LAW.

12. Medical Disclaimers

By granting you the right to use the Services, EA5 does not assume any obligation or liability with respect to your health or your physical activity or condition. In no event will EA5 be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Services or any activity you undertake in connection therewith. As between you and EA5, you are solely responsible for your use of the Services and your health and medical conditions and treatment related thereto.

Except as otherwise expressly set forth in these Terms, you agree that:

the Services are provided for informational purposes only and are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, or to be a substitute for professional medical care;
EA5 is not a licensed medical care provider and does not engage in, and has no expertise in, diagnosing, examining, or treating medical conditions of any kind, or in prescribing treatments or determining the effect of any specific treatment on a medical condition;
EA5 does not provide emergency services and is not obligated to contact you or anyone on your behalf with respect to your medical condition or treatment;
EA5 is not responsible for the accuracy, reliability, effectiveness, or correct use of any of the Services;
You should always consult a medical professional if you have any questions regarding a medical condition; and
You should never disregard professional medical advice or delay in seeking it because of something you have read or received using the Services.

Not all activities described as part of the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, swimming, taking a bath, or performing other tasks that require attention and concentration.

13. Termination

EA5 may terminate your access and use of the Services immediately at any time, for any reason, and at such time you will have no further right to use the Services.

You may cancel your account at any time by sending an email to us at contact@ea5.com, although you will still have to cancel any active subscriptions as stated in section 6.3.

Upon any termination, discontinuation, or cancellation of the Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Please note that we may terminate your EA5 Premium subscription if you are no longer eligible for EA5 Premium subscription based on the terms of our license agreement with your team or organisation. We will provide you with written notice (email suffices) upon any such cancellation.

14. Indemnification of EA5

You agree to defend, indemnify and hold harmless EA5 and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising from third-party claims relating to (i) your use of the EA5 Services, (ii) your breach of these Terms, (iii) your infringement or violation of any rights of another, or (iv) termination of your access to the EA5 Services.

15. Governing Law

These Terms and your use of the Services are governed by and construed in accordance with the laws of England and Wales applicable to agreements made and to be entirely performed within England and Wales, without regard to its conflict of law principles.

You agree that any claim or dispute relating to the Services or these Terms that is not resolved under the arbitration requirements of these Terms must be resolved exclusively by a court of competent jurisdiction, located in England and Wales and no other court. You agree to submit to the personal jurisdiction of such courts and to accept service of process from them.

In no event can any claim or action by you related to the EA5 Services be instituted more than one year after the cause of action arose.

16. Dispute Resolution and Arbitration

16.1 Informal Negotiation

If there is an instance when you have a concern that needs special attention, EA5 is committed to working with you to reach a reasonable resolution without needing a formal legal case. Before filing a claim against EA5, you agree to work with EA5 in good faith to resolve the dispute informally by contacting us via email at contact@ea5.com and providing us with your email address. We will try to resolve the dispute informally through amicable negotiations. If no resolution is reached within 60 days after we receive your email, and all necessary information, you agree to the further resolution provisions below.

16.2 Arbitration Agreement

If the dispute is not resolved through informal negotiation, the dispute shall be finally settled by binding arbitration in accordance with the Arbitration Rules of the London Court of International Arbitration (LCIA), which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration, shall be London, UK. The language of the arbitration shall be English. The arbitration award shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.

All information exchanged during the dispute resolution process, including documents, statements, and awards, shall be treated as confidential and shall not be disclosed to any third party except as required by law or with the parties' consent.

Each party shall bear its own legal fees, expenses, and costs incurred in connection with the dispute resolution process. The costs of arbitration, including arbitrators' fees and administrative fees, shall be borne equally by the parties unless the arbitrator(s) determine otherwise.

If a claim is within the jurisdiction of a small claims court, either party may choose to have the case heard in the small claims court on an individual basis, instead of arbitration.

If you do not want to arbitrate disputes with EA5 and you are an individual, you may opt out of this arbitration agreement by sending an email to contact@ea5.com within 30 days of the day you first access or use the Service.

17. Miscellaneous

These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

If you have questions about these Terms of Service or you are unsatisfied with the Services, please email us at contact@ea5.com or by post to:

EA5 Group Limited 71-75 Shelton Street Covent Garden London United Kingdom WC2H 9JQ