Please note: This is our Terms of Use Policy. To see our Privacy Policy, please see https://heydenada.com/privacy.

Last updated: October 16, 2024

Denada ("Denada" “We”, “Us” or “Our”) welcomes you. We invite you to create an account on Denada (“Your Account”) and access and use our services (the “Services”), which are made available to you through our website located at https://heydenada.com (the “Website”) and/or through the Denada mobile software application that we license to you (the “App”). The Website and the App are collectively referred to herein as the “Platform.”

Please read these Terms of Use (“Terms”) carefully. These Terms state the terms and conditions under which you may use the Platform and/or the Services. By signing up, accessing and/or using the Platform, you agree to be bound by these Terms. If you do not agree with these Terms, you may not access the Platform and/or use the Services.

The sections below titled “Agreement to Arbitrate” and “Class Action Waiver” contain binding arbitration agreements and class action waivers. They affect your legal rights. Please read them.

Modification.

Denada may change these Terms at any time by posting the changes on the Platform or by publishing a notice in the Services, and may also use reasonable efforts to notify you of the changes by sending an email to the email address we have on file for you. Such change will be effective ten (10) days following the posting of the revised Terms and your continued use of the Services after we have posted changes to these Terms means that you agree to be bound by the changes; please check the Terms posted on our Platform regularly for any changes.

Description of the Services.

1. Through the Platform, Denada generates emails based on your data and prompts. To make the emails, the Platform uses templates which it structures, assembles, and populates. It generates copy, then then pulls your images, or generates images, to build out the full email HTML. You can then edit the generated HTML with Denada's editor to perfect the final copy that can be exported and used to populate an email which you send.

2. Third Party Providers. Denada may offer or make use of certain features or services within the Services that are provided by third parties (“Third Party Providers”) and data you upload to Denada may get sent to those parties. Third Party Providers have their own terms you must agree to and we are not responsible for their output. Our use of AI providers changes over time and may include OpenAI, Microsoft, Google, and Meta. You can find their terms on their respective websites.

3. Provide Accurate Information. You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

4. Proprietary Rights. Denada owns the Platform and you may not copy, reproduce, distribute, or create derivative works of Denada. Further, you agree not to reverse engineer or reverse compile any of the service technology.

5. Your Content Ownership and License to Use. You own all content you provide to Denada as well as the output that Denada generates from your use of the Services. You provide a license to Denada and its service providers to use the content for the proposes of providing you with the Services.

6. Third Party Accounts. By using the service, you authorize Denada and the Third Party Providers to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Denada and designated Third Party Providers a limited power of attorney, and you hereby appoint Denada as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your accounts, passwords, and other information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR A DESIGNATED THIRD PARTY PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, WE AND A DESIGNATED THIRD PARTY PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service.

7. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND THE DESIGNATED THIRD PARTY PROVIDER(S) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Denada AND ANY DESIGNATED THIRD PARTY PROVIDER MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM 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 COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

8. LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER WE OR ANY DESIGNATED THIRD PARTY PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY OR SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESDenadaS RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.

9. Indemnification. You agree to protect and fully compensate us and our designated third party provider(s) and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

10. You agree that a designated third party provider is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if a designated third party provider were a party to this Agreement.

Your Use of the Service.

1. General. You agree to the following in connection with your use of the Services:

   1. You may not use the Services if you are under 18 years old or otherwise do not have legal capacity to form a binding contract.

   2. You agree to abide by all applicable laws, regulations and rules in connection with your use of the Services.

   3. You agree that you are solely responsible for all acts or omissions associated with your access and use of the Services and the access and use of the Services by anyone on your behalf.

   4. In connection with your use of the Services, you will not:

      1. breach these Terms or any other applicable rules and instructions that Denada may convey with respect to the use of the Services;

      2. interfere with, disrupt, circumvent or manipulate the functionality or operation of the Services;

      3. send automated or machine generated search queries or use robots, crawlers or similar applications to collect or compile content from the Services;

      4. display the Services or any part thereof in an exposed or concealed frame, or link to elements on the Services, such as images and videos, independently from the web pages on which they originally appear; and/or

      5. impersonate any person or entity, or making any false statement pertaining to your identity.

   5. In connection with your use of the Services, you will not post, disseminate, transmit, or otherwise communicate through, or to the Services, or make available any content on the Services, which may reasonably be deemed as:

      1. infringing or violating intellectual property rights of other parties, including patents, copyrights, trade secrets and trademarks;

      2. identifying minors, their personal details or their address and ways to contact them;

      3. software viruses, trojan horses, worms, vandals, spyware and any other malicious code;

      4. encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws;

      5. constituting a violation of a person’s right for privacy or right of publicity;

      6. prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;

      7. threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable; and/or

      8. unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.

2. Access Removal or Block. Denada may, remove or block access to the Services, or any part thereof, for any reason that Denada may consider to be justified in its sole discretion including, but not limited to: (i) to prevent misuse of the Services; (ii) when Denada deems the use of the Services to be in breach of these Terms, or a violation of any applicable law; or (iii) when your user account is terminated, either by yourself or by Denada.

Registration.

1. BY REGISTERING AND USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.

2. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. Bear in mind that false, incorrect, or outdated information may prevent you from registering and impair Denada’s ability to provide you with the Services or to contact you. Denadawill explicitly indicate the fields that are mandatory to complete. If you do not enter the requisite data in these fields, you will not be able to register. You agree we may use such information in accordance with our Privacy Policy. You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details in the course of the registration process.

3. You agree to maintain your login details in absolute confidentiality and refrain from disclosing them to others. You are fully accountable for any use or misuse of your account on the Platform as a result of compromising your details or conveying them to someone else or not keeping them secure and confidential.

4. You may terminate your account at any time, by following Denada’s designated termination process set forth on the Platform or by contacting Denada by email at: contact@heydenada.com. Denada may require you to verify your termination notice by sending Denada an additional termination request mesDenada, either by e-mail or through any other means, as a prerequisite for termination of your account. Your account on the Platform will be terminated within 10 days following your notification, and from that date of termination you will no longer be able to access your account.

Account Termination by Denada.

1. Notwithstanding any remedies that may be available to Denada under any applicable law, Denada may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Platform and/or Services (or any part thereof), remove content and take technical and legal measures to keep you off the Platform and/or the Services, if Denada believes that:

   1. you have abused your rights to use the Platform and/or Services; or

   2. you have breached the Terms; or

   3. you have performed any act or omission that violates any applicable law, rules, or regulations; or,

   4. you have performed any act or omission which is harmful or likely to be harmful to Denada, or any other third party, including other users, and providers of the Services; or,

   5. your login credentials are compromised in any way; or

2. Except in cases where your continued use of the Services may exposeDenada or any third party to risk or harm, Denada will make commercially reasonable efforts to give you prior notice, when applicable, prior to taking the above actions.

Links to Other Sites.

1. The Platform and the Services may contain links to third-party websites (“External Sites”), but we do not endorse and are not responsible for the maintenance or content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

2. The Services may include paid advertisements, sponsored links, and commercial information (the “Advertisements”). By clicking the Advertisements you may be transferred to a service of a third party advertiser or receive any other mesDenadas, information or offers from the advertiser and from others. Denada is not responsible for any of the third party advertisers’ practices, including their privacy practices, or for the content of their advertisement, services, information, mesDenadas or offers.

Privacy.

1. Denada respects your privacy. Your use of the Platform may involve the transmission to us of certain personally-identifiable information.Denada’s policies with respect to the collection and use of such personally-identifiable information are governed according to Denada’s Privacy Policy located at https://heydenada.com/privacy, which is hereby incorporated by reference in its entirety.

Correction of Errors.

1. Subject to the terms and conditions set forth herein, Denada uses commercially reasonable efforts to ensure the reliability of the information that appears on the Platform and in the Services. However, errors may occur. If you believe that any information sent or published by Denada on the Services is erroneous, please inform us at contact@heydenada.com.

Intellectual Property.

1. Content and Marks. All rights, title and interest in and to: (i) the Platform, the Services and any part thereof; (ii) text, documents, articles, brochures, descriptions, graphics, photos, sounds, videos and interactive features on the Platform and the Services (collectively, the “Materials”), (ii) all software and technology related to the provision of the Platform and the Services (the “Software” and together with the Materials and Software, the “Content”), and (iii) the trademarks, service marks and logos contained therein, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are the property of and are owned by Denada or its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. Except as expressly set forth herein, nothing in these Terms shall be construed as transferring any rights to you or any third party. Denada, and its licensors, reserve any and all rights not expressly granted in these Terms.

2. Use of the Services and Content. Unless expressly permitted in these Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Platform, the Services or the Content or any portion thereof, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means. The Platform and output from the Platform is for your use and may not be resold or sub-licensed. The Content is provided to you on an 'as is' and 'as available' basis for your information and personal use only. If you use or print a copy of any Materials, you must retain all copyright and other proprietary notices contained therein.

3. Use of Marks. The trademarks, service marks, and logos of Denada(“Denada Trademarks”) used and displayed on the Platform and the Services are registered and unregistered trademarks or service marks of Denada. Other company, product, and service names located on the Platform and the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks” and, collectively with theDenada Trademarks, the “Trademarks”). Nothing on the Platform and the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Denada Trademarks inures to our benefit.

Changes in the Services.

1. Denada may make changes to the Services at any time. The changes may include, for example, the scope or type of Services, the layout or display and the Services’ content. Prior notice may be given in the event of material changes. The changes may cause inconvenience or even malfunctions at first although Denada will use commercially reasonable efforts to minimize these events. You agree and acknowledge that Denada does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result thereof.

Termination of Operation.

1. Denada may at all times and in Denada’s sole discretion, terminate the operation of the Services, or any part thereof, temporarily or permanently. In such an event, and when possible, Denada will use commercially reasonable efforts to provide prior notice of termination.

2. You agree and acknowledge that Denada does not assume any responsibility with respect to, or in connection with the termination of the Services’ operations or loss of any data as a result.

DISCLAIMER OF WARRANTY.

1. THE PLATFORM, THE SERVICES AND ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE THROUGH THE PLATFORM AND THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE”. NONE OF DENADA, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, VENDORS, PARTNERS OR AGENTS (COLLECTIVELY, THE “DENADA PARTIES”), WARRANT THAT ANY OF THE FOREGOING WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE Denada PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE Denada PARTIES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE SERVICES, ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE THROUGH THE PLATFORM AND THE SERVICES OR OTHERWISE ARISING FROM OR RELATING TO THESE TERMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY AND ANY REPRESENTATIONS AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR DENADA OF TRADE.

2. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE PLATFORM AND/OR THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM AND/OR THE SERVICES IS TO STOP USING THE SAME.

3. SOME CONTENT THAT IS DISPLAYED ON OUR PLATFORM, OR IN CONNECTION WITH OUR SERVICES, IS BASED ON INFORMATION THAT IS SHARED BY USERS OF OUR SERVICES AND DOES NOT NECESSARILY REFLECT THE VIEWS OF Denada. WE DO NOT MAKE ANY REPRESENTATIONS ABOUT SUCH CONTENT, AND DISCLAIM ALL LIABILITY IN CONNECTION THERETO. IF YOU HAVE A QUESTION ABOUT ANY SUCH CONTENT PLEASE EMAIL US AT CONTACT@HEYDENADA.COM.

4. NONE OF THE DENADA PARTIES OWN OR CONTROL THE FEATURES OR SERVICES PROVIDED BY THE THIRD PARTY PROVIDERS. NONE OF THE Denada PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN YOU AND THE THIRD PARTY PROVIDER OR FOR ANY RESULTS CAUSED BY USING THE FEATURES OR SERVICES PROVIDED BY THE THIRD PARTY PROVIDERS. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.

5. NONE OF THE DENADA PARTIES ENDORSE ANY USER, OR ANY USER GENERATED CONTENT SUBMITTED THROUGH THE PLATFORM. NONE OF THE Denada PARTIES HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY USER GENERATED CONTENT SUBMITTED THROUGH THE PLATFORM OR FOR ANY RESULTS CAUSED BY USING SUCH USER GENERATED CONTENT.

LIMITATION OF LIABILITY.

1. IN NO EVENT SHALL DENADA PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES OR SAVINGS, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF SUCH DENADA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE Denada PARTIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OR RELATING THERETO, EXCEED, THE TOTAL FEES PAID BY YOU TO DENADA IN THE TWELVE (12) MONTHS PRECEDING SUCH A CLAIM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE DENADA PARTIES’ COLLECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification.

1. You agree to indemnify, defend and hold the Denada Parties harmless from and against any and all claims, damages, awards, settlements, loss, costs, expenses and payments (including reasonable attorney’s fees and legal expenses) arising or resulting from: (i) your breach of these Terms; (ii) your access to, use, or misuse of the Platform and/or the Services; (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right; (iv) your negligence or willful misconduct, or (v) any claims brought against any Denada Party by a Third Party Provider as a result of your acts or omissions.

Governing Law; Jurisdiction; Agreement to Arbitrate; Class Action Waiver.

1. Governing Law. These Terms and your use of the Service, and any disputes directly or indirectly arising from these Terms or your use of the Services, shall be governed by and construed in accordance with the laws of the state of Oregon, U.S.A. without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of Oregon or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the state of Oregon.

2. Jurisdiction. You agree to resolve any dispute or claim that you may have against Denada exclusively in the state and federal courts located in Oregon. You hereby irrevocably consent and submit to the exclusive jurisdiction of such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

3. Agreement to Arbitrate. If any dispute arises from these Terms or your use of the Services, either we or you may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, will be final and binding on the both parties. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MIGHT ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in Oregon. The parties may litigate in court to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

4. Class Action Waiver . You agree that any arbitration or proceeding will be limited to the dispute between us and you individually. To the full extent permitted by law, (1) no arbitration or proceeding shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US AND/OR ANY THIRD PARTY PROVIDER (INCLUDING, WITHOUT LIMITATION, EXPERIAN) ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Notices.

1. Denada may contact you and send you notice via e-mail, regular mail, Short Message Services (“SMS”), in-app messages, and notices on the Services. You may contact Denada’s customer relations department, by using the contact us page on the Services, or by using Denada’s contact details hereunder. If you do not wish to receive any of the above communications, you may opt-out by contacting us through the Contact section on our Website or by using Denada’s contact details hereunder. Denada reserves the right to publish in public—including on the Services—certain communications with you, such as your compliments regarding the Services, as long as your personal and identifiable details will not be revealed without your prior consent. All communications between Denada and you will be deemed as received, if sent by e-mail, one (1) day after the e-mail is sent or five (5) days following mailing of mail communications.

Compliance with Applicable Laws.

1. Denada shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to Denada’s provision of the Platform and/or the Services.

General.

1. These Terms constitute the entire agreement between you and Denada with respect to the Services and supersedes any and all other agreements with respect to the Services.

2. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by Denada, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by Denada’s authorized representative.

3. Failure on Denada’s part to demand performance of any provision in the Terms shall not constitute a waiver of any of Denada’s rights under the Terms.

No Assignment.

1. Your rights and obligations under the Terms are not assignable, but may be assigned by Denada without restriction or notification to you. Any attempted or actual assignment thereof by you will be null and void without Denada’s prior and explicit consent in writing.

Interpretation.

1. The section headings in the Terms are included for convenience only and shall take no part in the interpretation, or construing of the Terms “including”, whether capitalized or not, means without limitation.

Severability.

1. If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.

Survival.

1. The provisions of these Terms titled Intellectual Property, Disclaimer of Warranty, Limitation of Liability, Indemnification, Governing law and Jurisdiction, General, Changes in Ownership, No Assignment, Interpretation, Severability and Survival, any overdrawn balances owed, and any other provisions which by their nature would reasonably be expected to survive, shall survive the termination of these Terms.