SESSIA USER AGREEMENT
SESSIA USER AGREEMENT

This Membership Agreement (“Agreement” or “User Agreement”) is entered into and will become effective on the date of acceptance by the User of this Agreement (“Effective Date”) between SESSIA LLC, duly incorporated under the laws of the United States, having its registered office at: 16192 Coastal HWY, Lewes, Delaware, 19958, USA, hereinafter referred to as the "Company" or "Sessia" and the User accepting this Agreement in accordance with paragraph 1 below and hereinafter referred to as the "User" or "You". Each of the parties - Sessia and User - may be referred to in this document as a "Party" or collectively as "Parties". Capitalized terms used in this Agreement without definition have the meanings set forth in clause 4 below.

  1. ACCEPTANCE OF THE AGREEMENT.
    When registering on Sessia, by clicking the "Continue" button, the User confirms that they have read, understood and accept this Agreement, without any reservations, comments or additions. The User agrees that the execution of this Agreement is mandatory for the User.

    By accessing, downloading, copying and/or using Sessia, including the Application, the User agrees to be bound by this Agreement or the User Terms. THESE USER TERMS, TOGETHER WITH THE USE AND PROCESSING OF THE USER'S PERSONAL DATA POLICY SET OUT IN THIS DOCUMENT, CREATE A RELATED LEGAL AGREEMENT BETWEEN THE USER AND SESSIA AND INCLUDE ARBITRATION AND JUDICIAL RESERVATIONS FOR WHICH SOME CLAIMS CANNOT BE CONSIDERED IN COURT. PLEASE READ THEM CAREFULLY.

    This Agreement may be translated into the native language of the country in which the User resides, is located or otherwise operates. Notwithstanding the foregoing, the original version of this Agreement shall be governed by the law of the United States of America, and any dispute, demand, reclamation, claim or cause of action arising under this Agreement shall be interpreted, enforced and adjudicated in accordance with the law of the United States. Sessia is not responsible for any errors or misinterpretations resulting from the translation of the original English version of this Agreement into the User's native language. The User is advised to consult with a qualified lawyer or attorney in their country or local jurisdiction before accepting and entering into this Agreement.
  2. DOWNLOADING SESSIA.
    The User can download the Sessia mobile app for free. By registering an account with Sessia, the User is entitled to use Sessia to make purchases from merchants and businesses hosted on the Sessia (hereinafter referred to as the "Merchants" and individually as the "Merchant") and participate in each of the Merchant's cashback programs and other rewards programs. . Each User will also be assigned a unique owner number and a QR code to identify the User on Sessia and with participating merchants for the purpose of making purchases by the User on the Sessia e-platform and awarding "kickbacks" to the User, as further defined in Clause 4 below, for successfully attracting other users to make purchases using Sessia.
  3. USER REGISTRATION.
    In order to register an account with Sessia, the user needs to provide all the required information, including his/her last name, email address, address, telephone number, and verify their accuracy, including, upon request by Sessia. In the event that the User attempts to transfer kickbacks (as defined below) in the form of cash or other available funds to their debit card, the User must provide Sessia with their debit card number, expiration date and confirmation code. In the event that the User is an individual entrepreneur or an individual applying the special regime "Tax on professional income", and the transfer of kickbacks is carried out to the User's bank account, the User must provide the details of such an account. When withdrawing kickbacks to a card or account in accordance with this paragraph, the User provides his/her passport data by sending a scanned copy of the passport by email to info@sessia.com, or by uploading a scanned copy of the passport on the Sessia application, if this function is available in the User's country.

    The User guarantees that the information provided by them is true, accurate and complete. The User hereby also warrants that they have not misrepresented their personal information, created fake accounts, impersonated other individuals or entities using their images, data and personal information in order to deceive Sessia users and participating merchants, did not provide personally identifiable information, including credit or debit card, bank account information owned by or associated with any other person or entity. The User undertakes and is responsible for damages, defending and indemnifying Sessia, as well as any of its beneficiaries and officials, for any claim, action or otherwise arising from the misappropriation, theft or misuse by the User of the identity of any other person or entity, personal or financial information.
  4. SOME DEFINITIONS.
    Unless otherwise provided in this Agreement, the following terms shall be defined as follows:
    1. "Applicable Law" means any international, federal, state or local law, regulation or rule, and official interpretations thereof, issued by a regulatory body that governs or relates to this Agreement or any services or transactions related to this Agreement, or the issuance, selling, authorizing, or the use of the Sessia wallet
    2. "Kickback" means an additional discount to a User who purchases products or services of Merchants, invites another user or business to join Sessia, and such referred user or business purchases products or services from that same Merchant through Sessia. The amount of kickbacks paid by the Merchant to the User depends on three variables: (i) the amount of cashbacks or discounts provided by the Merchant; (ii) the number of friends or users the User has on Sessia; and (iii) the number of Sessia users who make purchases from that Merchant. As a condition prior to the issuance by the Merchant of any kickbacks, the User must make an actual purchase from that Merchant. Sessia is an intermediary between the Merchant and the User. The terms of the privilege program of a particular Merchant can be found by the User on the Merchant’s website or in the relevant section of the Sessia application. The terms of the Project V and Coffecell Privilege Program are contained in Appendix No. 1 and No. 2 to this User Agreement.
    3. "Sessia Wallet" means a secure internal digital wallet on the Sessia platform that contains the User's kickbacks. The User's kickbacks are automatically calculated and accrued on a monthly basis, or in another order, in accordance with the terms of the privilege program of each individual Merchant.
  5. SESSIA SERVICE INFORMATION.
    Sessia or its licensors own all names, titles and interests, including but not limited to all copyrights, trademarks and other intellectual property rights on the Sessia website, platform and application and all components used in its provision, including, without limitation, all software, business methods, business processes, website designs, graphics, text, content, API instructions, trade names, trade secrets and know-how, and all documentation relating to the foregoing that is used when providing the Sessia website, platform and application ("Confidential Information"). Except as expressly provided herein, this Agreement does not transfer to the User any title, ownership or interest in the Sessia platform, Sessia application or Confidential Information. The User acknowledges that he is prohibited from any use, reproduction, decompilation, reverse engineering, modification or distribution of any Sessia website, Sessia platform, Sessia application or Confidential Information not expressly permitted in this Agreement. The User acknowledges that the transactional data processed by Sessia is the property of Sessia for current and future use.

    The User shall not sell, resell, assign or otherwise transfer the rights to the Sessia website, the Sessia platform, the Sessia application or any information that is the property of Sessia. All Confidential Information may only be used in connection with the User's use of the Sessia website, the Sessia platform or the Sessia application and shall terminate immediately upon termination of this Agreement for any or no reason.
  6. SESSIA NETWORK.
    1. Prohibited Fraudulent Behavior on the Sessia Platform. Sessia undertakes not to deceive its users regarding cashbacks or kickbacks that should be rightfully provided to them. Hereby, a user is prohibited from engaging in inauthentic behavior on the Sessia network or anywhere else on the Sessia platform, which includes creating, managing or otherwise maintaining fake accounts; creating accounts under fake names; creating accounts that are or may be participating in fraud; creating multiple accounts that are used to do any of the following: (i) mislead people about the origin of content; (ii) mislead people about the destination of links from the Sessia services (for example, by providing a display URL that does not match the destination URL); (iii) mislead people by trying to encourage shares, likes or clicks; (iv) mislead people in order to cover up or allow a breach of other terms of this User Agreement. In addition to the foregoing, each User is prohibited from changing his/her profile from the original User account associated with the purchase to another User or otherwise creating another Sessia account that can bypass, redirect, transfer kickbacks from the legitimate original purchase user to another user. (Just an example: A User must not create a second Sessia account that results in kickbacks generated from that User's purchase of coffee from a gourmet store and redirected to their family member who made the original purchase from that store through Sessia.) If a User is found to be involved in the above fraudulent behavior, Sessia has the right to immediately terminate and revoke the User's account/subscription, and the User will forfeit the monetary value of any and all kickbacks in that User's account at the time that the Agreement is terminated, as well as other forms of refunds and compensation from Sessia.
    2. Prohibited content on the Sessia network. Sessia unites a global, diverse and multicultural community of buyers and merchants. Sessia's policy is that the Sessia Platform can provide the widest selection of goods, services, products and other items based on the principles of trust, respect and compliance with the law. Sessia hereby prohibits any user or customer from engaging, writing, entering, displaying or uploading offensive, profane content, including any language or content that is considered, in the sole discretion of Sessia, to be obscene or propaganda or intolerance of religion, sexual orientation, race, ethnic origin. In addition to the foregoing, the User must also not post or upload any text, photographs, images or other content that defames, demeans or harasses: (i) Sessia or any member, beneficiary, officer, director, employee or agent of Sessia (ii) or any other user of Sessia. The definition of offensive, objectionable and inappropriate content is at the sole discretion of Sessia. Sessia also encourages its users to immediately contact Sessia at info@sessia.com to report any content or uploads that the user finds offensive, objectionable or inappropriate. Sessia will, without prior notice to the offending User and at its sole discretion, remove all objectionable content, and shall further have the right to immediately terminate the User's account/subscription. The violating User will also be deprived of all cashbacks and kickbacks on his account.
  7. ADDITIONAL USER WARRANTY.
    By creating a Sessia Wallet, using or allowing the use of a Sessia Wallet, the User warrants to Sessia that: (i) the User is at least 18 years of age; (ii) User means a citizen or legal resident of the jurisdiction for which the User provides a mailing address; (iii) User has provided Sessia with a valid email; (iv) the User has provided Sessia with passport data in accordance with clause 3 of this User Agreement; (v) the personal information that the User provides to Sessia in relation with the Sessia Wallet is true, correct and complete; (vi) User agrees to the terms of this Agreement and all applicable laws and agrees to be legally bound by this Agreement; (vii) The User will open only one Sessia Wallet; and (viii) the User has the necessary rights, powers and opportunities to enter into this User Agreement and perform its obligations under it, and the performance of its obligations will not violate any Applicable Law. The user also represents and warrants that:

    The User is not a citizen or resident of any country blacklisted by the International Financial Action Task Force (FATF);

    The User has reached the age of majority to enter into a binding contract, and no court has prevented them from entering into any agreements; the User has not previously been blocked on Sessia.

    The user is solely responsible for providing information to Sessia if any of the above conditions change as a result of a future event, as well as for covering damages, defending and indemnifying Sessia, as well as all beneficiaries and officials, for any claims. Sessia's discovery of a breach of the Merchant’s warranties or representations contained in this Clause 7 will result in Sessia's immediate termination and cancellation of this Agreement and the cancellation of all kickbacks previously credited to the User's account.

    In addition, users expressly agree not to use Sessia to make or participate in fraudulent transactions (“Fraudulent Transactions”) with any participating Merchant or any other User. Fraudulent transactions include, but are not limited to: the intent to receive a reward without making a purchase, a purchase to return an item not in accordance with the terms of the Merchant, making transactions that are not purchases of goods or services using a form of payment that is not authorized by the User. Sessia reserves the right, in its sole discretion, to terminate a Sessia user's account, revoke and/or cancel any loyalty program accruals received by a user for any reason related to misuse of the Sessia social network, app or platform, committing fraudulent transactions or non-compliance of any other term or conditions set forth herein.

  8. CASHBACK AND KICKBACK ACCRUAL FOR USERS.
    The accrual of cashbacks and kickbacks is carried out in accordance with the privilege program of each individual Merchant. Project V and Coffecell privilege programs are contained in Annexes No. 1 and No. 2 to this User Agreement.
  9. SESSIA MONTHLY SUBSCRIPTION.
    The cost of a monthly subscription of a Sessia User is 200 coins per month.
  10. SESSIA FEED AND MERCHANT AND USER DISCLOSURES. When a User makes a purchase (using accrued kickbacks or a credit
    Sessia in the internal feed of the Sessia Social Network (i) displays a photo or electronic copy of the receipt (ii) names the Merchant; and (ii) identifies an item, product or service so that friends, followers and other users of Sessia can view, comment, like and ultimately purchase from that Merchant, which in turn will result in kickbacks, issued by the Merchant to the Users and their referrals under the Merchant’s cashback, rewards and loyalty programs.
    In order to avoid any doubts, only the User can take a photo of the receipt and / or receipt of the transaction and authorize its publication on the Sessia social network, and not the Merchant. Sessia takes the privacy of its merchants and users very seriously. The User hereby agrees that Sessia will only collect, use and share your information to the extent permitted by Applicable Law, and in particular as follows:
    Sessia will collect data about you in the course of maintaining records of your membership and use of the Sessia application, the Sessia platform, as part of the normal administration process of Sessia;
    Providing and managing the services you have requested, including but not limited to managing your Sessia account;
    Providing an internal social media platform for the User and other users of Sessia, a subscription to view, "like" and comment on goods, products and services;
    Verification of your identity and authentication of personal data;

    Creation of user profiles on our website;
    Fraud or security threat protection and other risk management;
    Communication with the User regarding services that may be of interest;
    Evaluation and improvement of our website and other offerings;
    Adapting our services and otherwise improving the customer experience;
    Satisfying legal or regulatory requirements or the requirements of law enforcement agencies, etc.; Disclosure to law enforcement, government officials, or other third parties will only be made to the extent required by law and when Sessia believes in good faith that such disclosure is necessary to protect Sessia's rights and/or comply with legal process, court order, regulations or other legal process. Finally, in the event of a change in control of Sessia's operations (whether through a merger, sale or other transaction), sale or transfer of its assets, User information, which may include your Personal Information (defined below), may be disclosed to the potential buyer under a retention agreement or may be sold or transferred as part of this transaction. In order to avoid any doubts, Sessia will not display on its Social Network or on any other page of its platform any User's bank or credit card information or taxpayer identification number (TIN) ("User Confidential Information"). Likewise, for any receipt or check issued to any User and displayed on the Sessia social network, all street addresses (other than city, region and country), bank account numbers, credit/debit card numbers must be unambiguously and completely edited by Sessia prior to display. Merchants and Users on the Sessia platform will also see how much the User spends, what transactions they enter into, as well as the goods, services and products purchased by the User. Sessia grants each Merchant the right to access a User's calendar to the extent that said User has uploaded or granted Sessia access to their Calendar on the Sessia platform to effectively organize face-to-face meetings or online communications between a Merchant and another User. Under no circumstances, except as required by Applicable Law (whether by law, court order or other legal process), the individual tax number or home address (street, house number) of any User (together with bank account number, credit / debit card number - "Personal Data") will not be displayed or disclosed on the Sessia Social Network or on any other page of its platform, website or application. Notwithstanding the foregoing, Sessia shall not be liable for the unauthorized collection, receipt, transfer, access, storage, use, disclosure, use and disclosure of Personal Information by the Merchant under its control or in its possession of all or any of its staff, employees, personnel and representatives. The Merchant shall be solely liable to the User and any applicable government authorities for the acts and omissions of all of its staff, employees, personnel and representatives, as if they were the Merchant’s own acts and omissions.
  11. MERCHANT RETURN POLICY.
    Each Merchant is solely responsible and obliged to establish and indicate in their Sessia online store their own conditions for the return of any purchased goods, products or other products and refunds to Users. The Merchant is also obliged to display on the Sessia platform these return conditions and require the User to click to confirm that he/she has read and accepted these conditions before processing any transactions through Sessia. Any refund must be made through the Merchant or its payment processing account to the User's own bank account or credit card.
    In addition to the foregoing, Users will not receive their kickbacks until the end of the period during which the customer is entitled to a refund for any returned item, product or other product, in accordance with the terms of the return of the Merchant.
    1. The User acknowledges that Sessia does not act as a buyer or seller of goods, products or services bought or sold by the Merchant through the Sessia platform. The User agrees that any dispute in relation to any goods, product or service bought or sold by the User who has purchased or sold the goods, products or services is under his sole responsibility and agrees that Sessia is not a party to any dispute.
    2. Neither Sessia nor its owners or officials shall be liable for any claim arising out of any dispute in connection with Merchant’s return policy.
  12. PROHIBITED ITEMS AND GOODS.
    Sessia takes the safety of its users seriously. In an effort to eliminate potential harm in the real world, Sessia does not permit the use of the Sessia application for any illegal transactions or further illegal activities. This includes selling, buying or facilitating transactions in illegal goods or services, as well as certain types of regulated goods or services. Prohibited goods and services include (but are not limited to): pornographic materials and items; animals and wildlife products; funeral accessories; counterfeit currency, stamps or items, credit cards; narcotic substances and preparations, as well as equipment and items for their creation and use; banned goods from banned countries under international sanctions; firearms, ammunition, copies of weapons; state identity cards and licenses; human remains and body parts; devices for breaking locks; lottery tickets; mailing lists and personal data; seals and stamps; medical equipment; prescription and over-the-counter drugs; recalled goods; satellite and cable television descramblers; shares and other securities; property acquired through criminal acts; equipment for surveillance and violation of privacy; tobacco and tobacco products (including electronic cigarettes and vapes, cigars and smoking accessories); prohibited plants and seeds. Sessia shall immediately suspend, revoke, terminate or cancel the account of any Merchant or User who transacts or ships any prohibited goods and items. Merchants and Users are responsible for covering damages, defending and indemnifying Sessia, as well as all its beneficiaries and officers for all claims, actions or liability arising from a violation by the Merchant or User of this clause 12.
  13. TAXES.
  14. All of Sessia’s Merchants and Users are solely responsible for reporting, disclosing required information to government authorities, and paying all applicable taxes on all sales, excise, gross receipts, value added tax (VAT) and other taxes relating to sales and/or purchase of goods, products, services and other items (“Sales Tax”) through Sessia in each applicable jurisdiction. Each Merchant is responsible for the levying and collection of sales tax directly from the User, and Sessia is not responsible for its collection. To the extent any jurisdiction assesses tax on refunds and/or kickbacks issued to any user on the Sessia Platform, the Merchant and User are solely responsible for reporting, complying with and paying applicable income taxes and all other taxes in connection therewith. Sessia is not responsible for reporting or paying sales tax, income tax or any other tax on behalf of and for any Sessia Merchant or User. Each Merchant and User shall be solely responsible for covering damages, defending and indemnifying Sessia and all of its beneficiaries and officials for all claims, actions or liability arising from Merchant’s breach of this clause 13.
  15. TERM.
    The term of this User Agreement begins on the Effective Date and continues for one (1) month (the “Initial Term”). Upon expiration of the initial term, this User Agreement will automatically renew for consecutive periods of one (1) month each (“renewal term” and together with the initial term “term”), in accordance with clause 15.
  16. TERMINATION.
    ​If the User violates any of the obligations, representations or warranties of the User under this Agreement or for reasonable security or fraud prevention purposes, Sessia may immediately: (a) suspend or limit the performance of its obligations under this Agreement; (b) suspend, revoke, cancel and/or terminate the User's ability to transact on Sessia and otherwise advertise or do business on the Sessia platform; (c) terminate or suspend this Agreement immediately; or (d) terminate or restrict the User's transactions. Sessia may also immediately terminate this User Agreement if: (e) Sessia suspects or has evidence of fraud committed by a User, including (but not limited to): creating fake accounts and fake followers, creating multiple accounts, providing Personal Information that is false, or other information that cannot be verified, an attempt to change or transfer the User's upline partners, misappropriation of another person's personal information to create an account, manipulation of the Merchant's return conditions to improperly receive any kickbacks, as well as any other misleading actions prohibited in this document; (f) at the direction of the regulatory authorities. The User may terminate his User Account for any reason thirty (30) days after a written request by email to info@sessia.com.
  17. CONSEQUENCES OF AGREEMENT TERMINATION.
    1. Upon termination of this Agreement, Sessia: (i) cancels all pending User purchase transactions and (ii) blocks any kickbacks held by the User in their Sessia Wallet. In the event that a Merchant’s cooperation with Sessia is terminated in accordance with the relevant Agreement, users who have any kickbacks issued by this Merchant prior to the termination of the Merchant may keep them.
    2. Within 6 (six) months after the termination of this Agreement, the User undertakes not to act as an agent, consultant, distributor of products of another company and not to perform any other competitive actions in relation to Sessia and the Merchants.
  18. CONFIDENTIALITY.
    1. Each party agrees to keep all Confidential Information of the other party and use such Confidential Information only in accordance with the terms of this Agreement. Each party agrees to take all reasonable precautions to prevent any unauthorized disclosure or use of the other party's Confidential Information, including, but not limited to, disclosing such Confidential Information only to its own employees or contractors who need to know and who are parties to the applicable agreements. In this document, "Confidential Information" means all information, written or oral, provided by one party to another, including, but not limited to, financial information, methods, processes, methodologies, diagrams, ideas, insights, performance information, user documentation, internal documentation , information about planned or current products or services, computer records or software, specifications, models, prototypes, compositions, samples or other information that may be applicable to or in any way related to the business or cases of this kind. Confidential Information includes Service Information and the content of this Agreement.
    2. Each party shall implement physical and information security processes and systems sufficient to protect any Confidential Information in its possession. The above restrictions on use and disclosure do not apply to Confidential Information that: (i) becomes lawfully known to the receiving party without restriction from a source other than the disclosing party; or (ii) independently developed by the receiving party without the use of Confidential Information and without the participation of persons who had access to Confidential Information, as evidenced by written records; or (iii) required by Applicable Law. The recipient party agrees to return or destroy the Confidential Information of the party that provided the information upon termination or expiration of this Agreement or at any request of the party that provided the information.
    3. The parties agree that if the receiving party commits a breach or threatens to breach the provisions of this Agreement, then the party providing the information shall have the right to seek injunctive relief or any other action of law to enforce the terms of this Agreement, as it acknowledges and agrees to that any such breach or threat of breach is likely to cause irreparable harm and that monetary damages will not provide adequate and sufficient legal remedies.
  19. LINKS TO EXTERNAL WEBSITES AND SERVICES.
    1. The Sessia website, platform and app may contain links or connections to third party websites or services that are not owned or controlled by Sessia. When you access third party websites or use third party services, you agree that there are risks involved and that Sessia is not responsible for such risks. We encourage you to be careful when leaving the Sessia website, platform, and app, and to read the terms and privacy policy of each third party website or service that you visit or use.
    2. Sessia cannot and will not monitor, review, censor or edit the content of any third party websites or services. By using the Sessia website, platform and/or application, you indemnify and hold Sessia harmless from any and all liability arising from your use of any third party website or service. Your interactions with organizations and/or individuals found on the Sessia website, platform or application, including payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such relationships, are solely between you and such organizations and/or individuals. You must conduct any investigation you deem necessary or appropriate before proceeding with any online or offline transaction with any of these parties. You agree that Sessia shall not be liable for any loss or damage of any kind incurred as a result of any such transactions.
    3. 3. Sessia uses OpenStreetMap to validate addresses (© OpenStreetMap Contributors).
  20. LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
    Neither Sessia nor any of its affiliates, subsidiaries, agents or subcontractors shall be liable for any delay or failure to perform its obligations under this User Agreement to the extent that the delay or failure to perform is caused by any of the following circumstances:
    • failure, interruption, intrusion or damage to any hardware, software or other
    • telecommunication systems or data transmission systems;
    • Sessia's belief that a transaction is unauthorized or fraudulent or poses a security risk;
    • interception or seizure caused by applicable law;
    • or other circumstances beyond Sessia’s reasonable control.
    NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL SESSIA BE LIABLE FOR THE USER OR MERCHANT FOR ANY CLAIMS OR OBLIGATIONS RELATED TO THIS USER AGREEMENT. UNDER NO CIRCUMSTANCES WILL SESSIA OR ANY OF ITS AFFILIATES, SUBSIDIARIES, AGENTS OR SUBCONTRACTORS BE RESPONSIBLE FOR THE USER OR MERCHANT OR A THIRD PARTY FOR ANY INDIRECT, RANDOM, PENALTY AND OTHER DAMAGE (INCLUDING, BUT NOT LIMITED TO, A SIGNIFICANT VIOLATION OR TIME DISTURBANCE) OR ANY OTHER BREACH OF THE LAW, EVEN IF ADVISED OF THE POSSIBILITY OF POTENTIAL DAMAGES. THE LIMITATIONS AND RISK ALLOCATIONS DESCRIBED HEREIN ARE FUNDAMENTAL TO THIS USER AGREEMENT AND ARE APPROVED BY THE PARTIES. THE PARTIES ACKNOWLEDGE THAT WITHOUT SUCH ALLOCATION OF RISK, SESSIA WILL NOT ENTER INTO THIS USER AGREEMENT.
  21. INDEMNIFICATION.
    The User or Merchant shall indemnify Sessia and its affiliates, subsidiaries, agents and subcontractors for any and all claims, damages, causes of action, claims, liabilities, costs, fines and costs (including legal fees) arising from the fact that User or Merchant: (a) accepted the services of Sessia; (b) has violated the terms of this Agreement, (c) has failed to comply with any obligation, condition or warranty under this Agreement; or (d) in the event that a third party claims that the User or Merchant’s use of the Sessia platform, Sessia application or other services in violation of this User Agreement infringes or misappropriates the intellectual property rights of such third parties or violates Applicable Law.
  22. DISCLAIMER OF WARRANTIES.
    EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN THIS USER AGREEMENT, SESSIA PROVIDES THE SESSIA PLATFORM, SESSIA APPLICATION AND OTHER SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND PROVIDES NO WARRANTY OF ANY KIND, WHICH IS IN ANY WAY LINKED WITH THE SESSIA PLATFORM, THE SESSIA APPLICATION AND OTHER SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, ANY WARRANTIES IMPLIED AS A RESULT OF USE OR CONSUMPTION, ANY WARRANTIES, EXPRESS OR IMPLIED. SESSIA DOES NOT WARRANT THAT THE MERCHANT WEBSITES, THE SESSIA PLATFORM OR THE SESSIA APPLICATION WILL BE ERROR-FREE, AVAILABLE, OR MEET THE USER'S REQUIREMENTS OR EXPECTATIONS. SESSIA'S LIABILITY FOR ANY ERRORS, ACTIONS OR OMISSIONS ARISING FROM THE PROVISION OF THE SESSIA WEBSITE, THE SESSIA PLATFORM, THE SESSIA APPLICATION AND OTHER SERVICES SHALL BE LIMITED TO THE REPRESENTATION OF THE ABOVE SERVICES FREE OF CHARGE TO THE USER. IN ADDITION TO THIS CIRCUMSTANCE, SESSIA IS NOT RESPONSIBLE FOR ANY CLAIMS, LOSS OR DAMAGE ARISING OR SUBMITTED AS A RESULT OF USING THE SESSIA PLATFORM, SESSIA APPLICATION, MERCHANT WEBSITES AND OTHER SERVICES UNDER THIS USER AGREEMENT REGARDLESS OF THE CIRCUMSTANCES. IN NO EVENT WILL SESSIA BE LIABLE FOR ANY DISCLAIMER OR DELAY IN THE PROVISION OF THE MERCHANT SITES, SESSIA PLATFORM, SESSIA APPLICATION OR OTHER SESSIA SERVICES ARISING OUT OF FORCE MAJEURE.
  23. MANDATORY ARBITRATION OF DISPUTES.
    Any contradiction, dispute, claim, complaint or cause of action (including the interpretation and scope of this clause and the jurisdiction of the dispute, claim, count, complaint or cause of action) between you and Sessia or its successors in title shall be settled exclusively by binding and confidential arbitration proceedings governed by the relevant US regulations.
    There shall be no right or authority for any claims to be brought to court on the basis of a class action or on grounds related to claims made as a representative on behalf of the general public, other owners of the Sessia Wallet or account, or others. in a similar position. Possible litigation is limited to claims between you and Sessia. In addition, claims brought by you against us or by us against you may not be joined in court with claims brought against anyone other than you, unless otherwise agreed by all parties in writing.
  24. FINAL PROVISIONS.
    1. Third party beneficiary. The parties expressly acknowledge and agree that none of the parties can be considered the beneficiary of this User Agreement.
    2. Notifications. All notices and approvals contemplated by this User Agreement must be in writing and must be made available by any of the following means: (a) personally delivered; (b) sent by registered mail, including prepaid postage with proof of delivery; (c) sent by delivery to the address immediately below or such other address as the notifying party is subsequently notified in accordance with this clause 24.2; or (d) sent by email during the recipient's normal business hours, and if not sent during the recipient's normal business hours, on the recipient's next business day.
      All notifications and approvals contemplated by these User Agreement are automatically displayed in the Sessia Feed in the User's account.
      E-mail: info@sessia.com
      Telephone: +7 (495) 215-27-27
    3. Full agreement. This User Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, oral or written, between the parties with respect to the subject matter of this Agreement, if any took place in the past.
    4. Changes. Unless otherwise provided in this User Agreement, Sessia may change any of the provisions of this Agreement by giving a Merchant written notice, such change being effective not less than thirty (30) days from the date of notice.
    5. Cumulative legal remedies. All remedies granted or reserved in favor of either party are cumulative and are in addition to any other remedy granted under this Agreement or existing by law.
    6. Independent contractors. The parties are independent parties to the Agreement, and this User Agreement does not establish a partnership or joint venture between them. Neither party has the right to bind the other party to any agreement against its will.
    7. Refusal. Neither party shall be deemed to have waived any of its rights, powers or remedies under this Agreement, except in a written statement signed by an authorized agent or representative of the relevant party. A waiver by either party of the right to remedy a breach of any term or provision of this Agreement shall not be construed as a waiver of the right to remedy any subsequent breach.
    8. Continuation of action. All representations and warranties contained in this User Agreement, and all obligations of the parties that, by their duration or nature, go beyond the Term, shall survive the termination or expiration of this User Agreement.
    9. Subcontract. Sessia may use the services of one or more affiliates, subsidiaries, agents or subcontractors to fulfill its obligations under this User Agreement.
    10. Partial invalidation. If any part of this User Agreement is found by a court, regulatory body or other public or private court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed to be severed from this User Agreement. The remainder of this User Agreement shall remain in full force and effect and shall be modified to any extent necessary to give such force and effect to the remaining provisions, but only to such an extent.
    11. Applicable Law. This User Agreement shall be governed by and construed in all respects in accordance with the laws of the State of Delaware, USA.
    12. Transfer of rights. The User may not assign, transfer or sublicense, including by operation of law, any of its rights, duties or obligations under this User Agreement, in whole or in part, to any person or entity without the prior written consent of Sessia. Sessia may assign any or all of its rights, obligations and obligations under this User Agreement to an entity that Sessia directly or indirectly controls or which is under common control, or to any third party acquiring all or substantially all of the assets relating to this User Agreement, including the assignment of a contractual position, assignment or any other form of substitution of Sessia by another party to which the User hereby consents.