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This Page is separated into two sections, namely our Privacy Policy and our Terms and Conditions. Should you have any questions or concerns, please contact us using support@c0ns3nt.com.
SECTION 1 PRIVACY POLICY
This policy (together with our Terms and Conditions (the “Terms”) and any other documents referred to in it) sets out the basis on which any personal information (as defined in Texas Business and Commerce Code § 521.053 (“§ 521.053”), as well as the General Data Protection Regulation (“GDPR”))(the “Personal information”) we collect from Account holders or users of our iOS and Android mobile application (our “APP”), or that is uploaded to our APP, will be processed by us. Account holders and users of our APP or owners of Personal information collected by us (each, “you”) should read the following carefully to understand our views and practices regarding your Personal information and how we will treat it.
By providing any Personal information to us, you consent to the collection, use, disclosure and transfer of such Personal information in the manner and for the purposes set out below.
Information we may collect
We may collect and process the following data which may contain Personal information:
• information that you provide by filling in forms in our APP, including information provided at the time of registering to use our APP, reporting a problem with our APP, or requesting further services;
• information, data, that you upload onto our APP including but not limited to name; contact information; demographic information, such as post code, preferences and interests;
• details of the consent transactions you carry out;
• details of your visits to our APP, resources that you access and actions you are working on through the APP;
• if you contact us, a record of that correspondence; and
• responses to surveys that we send to you, although you do not have to respond to them.
How we share information and data
We share some user information with service providers and partners who help us operate the Services, and in some cases with legal authorities.
We use third parties to help us operate and improve our services. These third parties assist us with various tasks, including data hosting and maintenance, analytics, customer support, marketing, advertising, and security measures.
We follow a rigorous vetting process before engaging a service provider or working with a partner. All our service providers and partners should commit to strict confidentiality.
We may transfer your data if we are involved in whole or in part in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control.
We may disclose your information if reasonably necessary:
• to assist in the prevention or detection of crime (in each case, subject to applicable law);
• to comply with a legal process, such as a court order, subpoena or search warrant, government/legal investigation or other legal requirement; or
• to protect the safety of any person.
We may also disclose data:
• if necessary to protect our legal rights and the legal rights of our users, business partners or other interested parties;
• if disclosure would reduce our liability in actual or threatened litigation;
• to enforce our agreements with you; and
• to investigate, prevent, or take other action regarding illegal activities, suspected fraud or other misconduct.
We may ask for your consent to share your information with third parties. In any such case, we will make clear why we want to share the information.
Installation of our APP
The App can be downloaded from the “Google Playstore” and “Apple App Store”. Downloading the App may require prior registration with the respective App store and/or installation of the respective App store software.
a) App installation via the Google Playstore
You can use the Google service “Google Play” of Google Inc, 1600 Amphitheatre Parkway Mountain View, CA 94043, US. As far as we are aware, Google collects and processes the following data: License check, network access, network connection, WLAN connections, and location information.
It cannot be ruled out that Google also transmits the information to a server in a third country. We cannot influence which personal data Google processes with your registration and the provision of downloads in the respective App store and App store software. The responsible party in this respect is solely Google as the operator of the Google Play Store.
b) App installation via the Apple App Store
You can use the Apple App service “App Store” a service of Apple Inc., 1 Infinite Loop, Cupertino, CA 95014, US. As far as we are aware, Apple collects and processes the following data: device identifiers, IP addresses, and location information.
It cannot be excluded that Apple also transmits the information to a server in a third country. This could in particular be Apple Inc. One Apple Park Way, Cupertino, California, USA, 95014. We cannot influence which personal data Apple processes with your registration and the provision of downloads in the respective App store and App store software. The responsible party in this respect is solely Apple as the operator of the Apple App Store.
c) Firebase
The APP uses the Firebase tool, which is part of the Firebase APP of Google Inc, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA, to obtain statistics on how the APP is used, in particular active user numbers, session length, stability rating and storage time. Answers logs the use of the APP, and we evaluate user behavior and user activity in general, i.e., not on a personal basis.
For this purpose, the following data is transferred to the Analytics Engine: name and AppStore ID, build version, individual device installation key (Advertising ID, and Android ID), timestamp, device model, device name, device operating system name and version numbers, whether a device has the status “root”, and APP activities.
The legal basis for this data processing is our legitimate interest Art. 6 (1) f) GDPR. The data collected via Google will be deleted after 6 months at the latest. You can select in the settings under data services whether or not you want to send data to Google.
IP Addresses
We may also collect and process information about your device, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our business partners. This is statistical data about our users’ browsing actions and patterns and does not identify any individual.

When you contact us
If you contact us, we will receive your email address and may store your IP address and the information you give us so that we can process your request. This is done in accordance with our legitimate interest to process your request. Your data provided will not be used for any other purposes.
Creating an account and a profile
A user profile will be created for you based on the information you provide during the sign up. Your E-mail, Full Name, Profile Picture (if provided), biometric and password features of your device, and non-personal information You have the option of adjusting, changing, or deleting the information in your profile to edit within the app or by contacting our team.
Starting the App
Every time you start the App, your data is synchronized, and your device communicates with our server through a signed security token. The transmission takes place automatically and is a prerequisite for the secure functioning of the APP and is therefore mandatory.
Storing your data
By submitting any Personal information to us, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your Personal information is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal information, we cannot guarantee the security of your Personal information transmitted to our APP; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
We may retain your Personal information for at least five (5) years, or such other longer or shorter period as may be necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. If you assert a legitimate request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data; in the latter case, the data will be deleted once these reasons no longer apply.
We will cease to retain your Personal information or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal information was collected and is no longer necessary for legal or business purposes.
Uses made of the information
We use information held, including Personal information, in the following manner:
• to ensure that content from our APP is presented in the most effective manner for you and for your device;
• to provide you with information or services that you request from us, and to otherwise carry out our legal and contractual obligations;
• to allow you to participate in consent transactions, when you choose to do so;
• to notify you about changes to our services;
• to investigate any complaints relating to the use of our APP or any suspected unlawful activities;
• complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
• any other purposes for which you have provided the information; and
• carrying out whatever else is reasonable or related to or in connection with the above and our provision of services to you.
Consent to the collection, use and disclosure of your Data
By providing your Personal information to us, you consent to the collection, use and disclosure of your Data by us for the purposes set out in this privacy policy.
Where any Personal information relates to a third party, you represent and warrant that the Personal information is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Personal information for the Purposes. You agree that you shall promptly provide us with written evidence of such consent upon demand by us.
Each use of our services by you shall constitute a fresh agreement for us to collect, use and disclose the Personal information in accordance with this privacy policy.
You may withdraw your consent and request us to stop using and/or disclosing your Personal information for any or all of the Purposes by submitting your request to us in writing to support@c0ns3nt.com. Should you withdraw your consent to the collection, use or disclosure of your Personal information, it may impact our ability to proceed with your transactions, agreements or interactions with us. Prior to you exercising your choice to withdraw your consent, we will inform you of the consequences of the withdrawal of your consent. Please note that your withdrawal of consent will not prevent us from exercising our legal rights (including any remedies) or undertaking any steps as we may be entitled to at law.
Access and Correction
The § 521.053 as well as the GDPR gives you the right to access your Personal information. Your right of access can be exercised in accordance with the § 521.053 as well as the GDPR. Any access request may be subject to a fee of an administrative fee at our rates then in force to meet our costs in providing you with details of the information we hold about you.
In the event that you wish to correct and/or update your Personal information in our records, you may inform us in writing of the same by sending us an email at support@c0ns3nt.com. In certain cases, Personal information may also be corrected or updated via the APP.
We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any Personal information or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the § 521.053 as well as the GDPR).
Accuracy
We endeavor to ensure that all decisions involving your Personal information are based upon accurate and timely information. However, we rely on you to disclose all relevant information to us and to inform us of any changes in your Personal information. As such, please disclose all relevant information necessary for us to provide services to you and ensure all information submitted to us is up-to-date, complete, and accurate. Kindly inform us promptly if there are any changes in your Personal information.
Updating your information
If you believe that the information, we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so within your user account or contact us. For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests.
Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. Also, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our service to you anymore.
Push Notifications
To ensure the full functionality of the App, we ask for your permission to access the Push notifications feature of your device. If you have enabled push notifications in the settings of your device, we can send you messages directly to your device and inform you about news, updates, and changes to our services. You can adjust or stop receiving push messages at any time via the device settings of your device.
Authorizations and Access
We may request access or permission to certain functions from your mobile device in particular, Internet permission and Notifications. The legal basis for data processing is our legitimate interest and the provision of contractual or pre-contractual measures. You can deactivate push notifications or any other given permissions at any time via Settings/Messages (iOS) or Settings/Notifications/ (Android).
Uninstall
You can stop the collection of information by the APP by uninstalling it using the standard uninstall procedure for your device. When you uninstall the APP from your mobile device, the unique identifier associated with your device will still be stored. If you reinstall the APP on the same mobile device, we may again associate that identifier with your previous transactions and activities.
Data Breaches/Notification
Databases or data sets that include personal information may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose personal information may have been compromised, and the notice will be accompanied by a description of action being taken to reconcile any damage as a result of the data breach. Notices will be provided as expeditiously as possible after which the breach was discovered.
Accountability
In certain countries, including in the European Union, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how we process information. The data protection authority you can lodge a complaint with notably may be that of your habitual residence, where you work or where we are established. We would, however, appreciate the chance to deal with your concerns before you approach any data protection authority, so please contact us in the first instance.
Data Intermediary
Where we process your Personal information as a data intermediary on behalf of a third party, we will process your Personal information in accordance with the instructions of the third party and shall use it only for the purposes agreed between you and the third party. All such Personal information will be protected and retained in accordance with this privacy policy and the terms of the § 521.053 as well as the GDPR.
We will take steps to inform the third party of any requests, complaints or questions that you may have regarding such Personal information.
Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be posted on our APP and, where appropriate, notified to you by e-mail.
Contact
Questions, comments and requests regarding this privacy policy are welcome and should be addressed to us using support@c0ns3nt.com
C0ns3nt
SECTION 2 TERMS AND CONDITIONS
Welcome to our iOS and Android Mobile Application (hereinafter our “APP” and our “Services”). These Terms and Conditions (the “Terms”) constitute a legal agreement between you and C0ns3nt Inc of 6009 W Parker Rd 149-329 Plano, TX 75093 (hereinafter “C0ns3nt”, “we” or “us”) governing the use of our APP and our Services.
1. Terms of Use
1.1. The provisions set out in these Terms govern your access to and your use of our APP and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our APP.
1.2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our APP on these Terms.
1.3. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our APP, you agree and acknowledge that:
1.3.1. you have read the terms set out in these Terms and agree to be bound by and comply with them; and
1.3.2. you shall ensure that all Users of your Account abide by these Terms.
1.4. You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
1.5. We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our APP or your Account at any time, or remove or edit content on our APP.
1.6. We reserve the right to change, modify, suspend or discontinue any portion of the Services, our APP or any other products, services provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
1.7. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our APP or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
2. Acceptable use policy
2.1. You may use our APP only for lawful purposes. You may not use our APP:
2.1.1. in any way that breaches any applicable local or international laws or regulations;
2.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
2.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
2.1.4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.2. You also agree:
2.2.1. not to reproduce, duplicate, copy or re-sell any part of our APP in contravention of the provisions of our Terms; and
2.2.2. not to access without authority, interfere with, damage or disrupt:
2.2.3. any part of our APP;
2.2.4. any equipment or network on which our APP is stored;
2.2.5. any software used in the provision of our APP; or
2.2.6. any equipment or network or software owned or used by any third party.
2.3. Restrictions
2.3.1. Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
2.3.2. not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our APP or any of the contents therein for any commercial or other purposes;
2.3.3. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our APP nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our APP or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
2.3.4. not to provide or otherwise make available our APP in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
2.3.5. to include our copyright notice on all entire and partial copies you make of our APP on any medium;
2.3.6. to comply with all applicable technology control or export laws and regulations; and
2.3.7. not to disrupt, disable, or otherwise impair the proper working of the Services, our APP or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
3. Your conduct
3.1. You agree to comply with all laws, rules, and regulations applicable to your access to and use of the APP. In addition, you agree not to:
3.1.1. upload, post, transmit, publish, display, or otherwise make available through the APP any User-Provided Content that is known by you to be false, inaccurate, or misleading;
3.1.2. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted through the APP;
3.1.3. upload, post, transmit, publish, display, or otherwise make available through the APP any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
3.1.4. upload, post, transmit, publish, display, or otherwise make available through the APP any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
3.1.5. take any action that interferes with the proper working of the APP, compromises the security of the APP, or otherwise damages the APP or any materials or information available through the APP;
3.1.6. attempt to gain unauthorized access to any portion or feature of the APP, to any other systems or networks connected to the APP, to any of our or our service providers’ servers, or to any of the services offered on or through the APP, including but not limited to by hacking, password “mining”, or any other unauthorized means;
3.1.7. probe, scan, or test the vulnerability of the APP or any network connected to the APP or bypass the authentication measures on the APP or any network connected to the APP;
3.1.8. use any automated means to collect information or Content from or otherwise access the APP, including, but not limited to, through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
3.1.9. harvest or otherwise collect and store information about other users of the APP, including e-mail addresses;
3.1.10. install any software, file, or code that is not authorised by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device; or
3.1.11. interfere with or disrupt the operation of the APP or server networks connected to the APP, or disobey any requirements, procedures, policies, or regulations of networks connected to the APP.
4. Suspension and Termination
4.1. We will determine, in our discretion, whether there has been a breach of our Terms through your use of our APP. When a breach of our Terms has occurred, we may take such action as we deem appropriate.
4.2. Failure to comply with our acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our APP, and may result in our taking all or any of the following actions:
4.2.1. immediate temporary or permanent withdrawal of your right to use our APP;
4.2.2. immediate temporary or permanent removal of any Contribution;
4.2.3. issuance of a warning to you;
4.2.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
4.2.5. further legal action against you; and/or
4.2.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4.3. We exclude liability for actions taken in response to breaches of our acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
5. Intellectual Property Rights
5.1. You acknowledge that all intellectual property rights in our APP anywhere in the world belong to us, that rights in our APP are licensed (not sold) to you, and that you have no rights in, or to, our APP other than the right to use them in accordance with these Terms.
5.2. Any intellectual property rights in content uploaded by you to our APP shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the APP.
5.3. You acknowledge that you have no right to have access to our APP in source code form.
5.4. You must not use any part of the content on our APP for commercial purposes not specified on our APP without obtaining a license to do so from us or our licensors.
6. Warranties
6.1. While we make all efforts to maintain the accuracy of the information on our APP, we provide the Services, APP and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
6.2. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our APP or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our APP, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
7. Limitation of liability
7.1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our APP and any Related Content. You expressly agree that your use of the Services and our APP, is at your sole risk.
7.2. We do not assist with dispute resolution between any you and any Consultant and are not obliged at any time to adjudicate on any such dispute. In the event of any dispute, you are responsible for contacting the relevant Consultant. Without prejudice to the foregoing, we remain entitled at all times to investigate at our discretion any complaint regarding the use of our APP or any suspected unlawful activity and to take any action that we deem appropriate, including to file a report with the appropriate authorities.
7.3. You agree not to use the Services, our APP and the Related Content for any illegal and illicit purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our APP or any other website or software) for:
7.3.1. loss of profits, sales, business, or revenue;
7.3.2. business interruption;
7.3.3. loss of anticipated savings;
7.3.4. loss or corruption of data or information;
7.3.5. loss of business opportunity, goodwill or reputation; or
7.3.6. any other indirect or consequential loss or damage.
7.4. Nothing in these Terms shall limit or exclude our liability for:
7.4.1. death or personal injury resulting from our negligence;
7.4.2. fraud; and/or
7.4.3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
7.5. Our APP is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
7.6. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our APP. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our APP which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
8. Indemnity
You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our APP, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
9. Your provision of information
When you provide information about yourself to our APP, including when you create an Account, you agree to: (a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on our APP, and/or refuse any or all current or future use of our APP or any portion thereof.
10. Apple and Android devices
The following terms apply when you use our APP obtained from either the Apple’s, or Android’s store (each an “App Distributor”) to access the APP: (a) you must comply with applicable third-party terms of agreement when using the App, (b) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this License contained in this License Agreement, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this License contained in this License Agreement against you as a third-party beneficiary thereof.
11. Events beyond reasonable control
C0ns3nt will be not held responsible for any delay or failure to perform or comply with our obligations under the C0ns3nt terms and conditions when the delay or failure arises from any cause which is beyond C0ns3nt’ reasonable control.
12. APP Management
We reserve the right, but not the obligation, to:
12.1. monitor the APP for violations of these Terms;
12.2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
12.3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
12.4. in our sole discretion and without limitation, notice, or liability, to remove from the APP or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
12.5. otherwise manage the APP in a manner designed to protect our rights and property and to facilitate the proper functioning of the APP.
13. Modifications to terms
C0ns3nt may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. C0ns3nt will post notice of modifications to these terms, or other policies referenced in these terms at the applicable URL for such policies.
14. Availability of the APP
14.1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
14.2. C0ns3nt accepts no liability for any disruption or non-availability of the APP resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
15. Class Action Waiver
15.1. Each party agrees that the resolution of any dispute arising from the terms of this Agreement will be resolved by a separate arbitration proceeding and will not be consolidated with other disputes or treated as a class.
15.2. Neither party will be entitled to join or consolidate disputes by or against others as a representative or member of a class, to act in any arbitration in the interests of the general public, or to act as a private attorney general. If any provision related to a class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, the entire Arbitration Agreement will be unenforceable.
16. Waiver Of Jury Trial
Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or the transactions contemplated hereby.
17. Other Important Terms
17.1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
17.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
17.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
17.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
17.7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of Texas. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Texas