1. Introduction
1.1. These General Terms and Conditions (the "Agreement") outline the entire relationship between you, the Client, and the Company.
1.2. Prior to entering into the Distance contract, the Client will receive the text of this Agreement electronically or in another format that allows it to be stored. If providing it electronically is not feasible, the Company will inform the Client, before the contract is concluded, of how the Agreement can be reviewed at the Company’s premises. Upon request, the Company will also send a copy to the Client free of charge as soon as possible.
1.3. THE CLIENT IS REQUIRED TO CAREFULLY REVIEW THIS AGREEMENT BEFORE ACCEPTING IT AND USING THE COMPANY'S SERVICES. BY USING THE SERVICES, THE CLIENT CONFIRMS THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT.
1.4. This Agreement includes a mandatory arbitration clause, as detailed in Section 17 below, which mandates the use of individual arbitration to resolve disputes, instead of jury trials, court proceedings, or class actions of any kind.
2. Definitions
2.1. Some terms are defined in the introductory section of this Agreement. Unless otherwise specified in this Agreement, the following capitalized terms, when used throughout this Agreement (including the introduction), shall have the following meanings:
(a) "Agreement" refers to the contract for providing Services and/or Goods entered into online between the Company and the Client.
(b) "Client" refers to the user of the Company’s Services and/or the purchaser of Goods as outlined in this Agreement.
(c) "Company" refers to DEVTROX LTD, Ltd, with registration code 16214743, and registered office located at 124 City Road, London, EC1V 2NX. The office address is 124 City Road, London, EC1V 2NX, and the contact email is hello@ketodietai.com. The Company is responsible for providing Services via the Website and Mobile App, as well as managing subscription services and addressing Client inquiries, including refunds and chargebacks.
(d) "Offer" refers to the proposal made by the Company to the Client to enter into this Agreement for Services and/or Goods, which is provided via the Website or Mobile app.
(e) "Privacy Policy" refers to the Company’s privacy policy published on the Website or Mobile app.
(f) "Services" refers to the digital content provided by the Company to the Client, as well as access to the Website or Mobile app, including any information, text, images offered or provided therein.
(g) "Digital content" refers to the individual digital meal plans and/or other digital materials sold online by the Company from time to time.
(h) "Goods" refers to supplements and/or other physical products sold online by the Company.
(i) "Distance contract" refers to a contract entered into between the Company and the Client under a system organized for the remote sale of Digital content and/or Goods.
(j) "Website" refers to the Company’s website, available at ketodietai.com.
3. Submission of the Offer
3.1. The Company will provide the Client with an opportunity to receive an Offer.
3.2. Before receiving the Offer, the Client will be asked to supply certain information by selecting the provided options or entering the requested details. The Client is required to provide accurate, up-to-date, and complete information as requested.
3.3. After submitting the information as outlined in Section 3.2 of this Agreement, the Client will receive the Offer. The Offer will include the following details:
3.3.1. The payment amount for the relevant Services and/or Goods;
3.3.2. Available payment methods, including credit card or other accepted forms of payment;
3.3.3. Any other information the Company deems necessary to include in the Offer.
3.4. Accepting the Offer
3.4.1. The Client accepts the Offer by ticking the “I agree with the Terms & Conditions” box. Upon agreement, the Client must click the “Submit” button to confirm acceptance.
4. Distance Contract
4.1. The Distance contract is formed when the Client accepts the Offer, as described in paragraph 3.4.1.
4.2. Since the Client accepts the Offer electronically, the Company will confirm receipt of the acceptance electronically. If the Client purchases Digital content, it will be sent to the email address provided by the Client or made available on the website or Mobile app.
4.3. IF THE AGREEMENT BETWEEN THE COMPANY AND THE CLIENT INVOLVES DIGITAL CONTENT THAT IS NOT SUPPLIED ON A TANGIBLE MEDIUM, THE CLIENT UNDERSTANDS AND AGREES TO WAIVE HIS/HER RIGHT OF WITHDRAWAL FROM THE AGREEMENT.
4.4. While the Company makes reasonable efforts to ensure that the Services function as intended, they depend on the internet and external providers outside the Company’s control. By using the Company’s Services, the Client acknowledges that the Company cannot guarantee uninterrupted or error-free services, nor can it ensure that the information contained will be completely free from viruses, hacks, intrusions, downtime, or other issues. The Client assumes the risk involved in using or downloading the Services.
4.5. The Company may, at its discretion and without prior notice to the Client, modify, enhance, or discontinue all or parts of the Services. The Company may also disable certain features of the Services at any time. Any changes or discontinuation of the Services will be done solely at the Company’s discretion and without ongoing obligation or liability to the Client. The Client acknowledges that use of the Services does not entitle them to continued availability or access to those Services.
4.6. The Client further agrees that:
4.6.1. The Services (including purchasing Goods) are not available to individuals under the age of 18;
4.6.2. The Client is responsible for preventing minors under the age of 18 from accessing the Services. The Client accepts full responsibility for any unauthorized use of the Services by minors.
5. Payments
5.1. The price for the Services and/or Goods offered will remain fixed during the validity period specified in the Offer, except for changes in VAT rates.
5.2. The Client agrees to:
5.2.1. Pay all additional costs, fees, taxes, and other charges that may apply;
5.2.2. Purchase Services and/or Goods using a valid credit card or other accepted payment method;
5.2.3. Provide accurate, current, and complete information as required in the order form. If the Company discovers or believes that any provided information is inaccurate or incomplete, the Company reserves the right to suspend the Service and/or Goods delivery at its discretion, with no right to refund the amounts already paid.
5.3. Once the Client is redirected to a third-party payment provider, the risk of any loss or damage passes to the Client and/or the third-party service. Payments made by credit or debit card through the Company will be processed by a third-party payment provider. The Company does not store any sensitive payment information. The Company is not liable for any payment-related issues or disputes arising from the third-party payment services, which may change periodically.
5.4. All prices and fees are listed in US Dollars unless otherwise specified.
5.5. The Goods remain the property of the Company until full payment is received. The price applicable is the one set at the time the Client places the order. Any payment fees will be displayed before finalizing the purchase. Clients under the age of 18 must have parental consent to make purchases from the Company.
5.6. All payments processed through the Company are handled by third-party secure payment gateways to ensure the Client’s protection. Card details are not stored, and all transactions are secured with SSL encryption. The Client should review the payment gateway's terms & conditions, as they are responsible for handling the transaction.
5.7. To ensure uninterrupted service, the Services are provided on an automatic renewal basis.
5.7.1. UNLESS OTHERWISE STATED IN THIS SECTION, AUTOMATIC RENEWAL WILL EXTEND THE APPLICABLE SERVICE FOR A PERIOD EQUAL TO THE LAST SERVICE PERIOD. For example, if the last service period was one year, the renewal period will generally be one year.
5.7.2. Unless the Client cancels the subscription, the Company will automatically renew the service and charge the payment method associated with the Client’s account.
5.7.3. The Company may modify subscription plans or pricing from time to time. Renewals will be charged at the Company’s then-current rates (1-month subscription plan price: $41.99 or equivalent nominal price in other currencies; 2-month subscription plan price: $49.98 or equivalent nominal price in other currencies; 3-month subscription plan price: $53.97 or equivalent nominal price in other currencies; 4-month subscription plan price: $79.96 or equivalent nominal price in other currencies; 6-month and 12-month subscription plan price: $98.94 or equivalent nominal price in other currencies), which may differ from the initial service period rate. Special offers may have different automatic renewal terms. If the Client does not wish to continue with the service, they can cancel before the renewal date by following the cancellation procedure outlined in our Terms & Conditions.
5.7.4. IF THE CLIENT DOES NOT WANT AUTOMATIC RENEWAL, THEY CAN CANCEL THE SUBSCRIPTION AT LEAST 48 HOURS BEFORE THE END OF THE CURRENT TERM. The Services will terminate at the end of the current term unless manually renewed by the Client before that date.
5.7.5. If the Client subscribed via the Company’s website, they can easily cancel the subscription by logging into their account or contacting support at hello@ketodietai.com.
5.8. Occasionally, the Company may offer Special Deals with additional terms. This may include limited-time trial subscriptions at a special price or no charge ("Trial"). At the end of the Trial, the Company will automatically start charging the Client on a recurring basis, as per the interval disclosed in the Special Deal. If the Client does not wish to continue the subscription, they must cancel before the Trial ends to avoid being charged.
6. Refund Policy
6.1. The Company has a no-refund policy, except in cases where the product (either Digital content or Goods) is found to be defective or not as described. In such instances, the Client must contact customer support at hello@ketodietai.com within 14 days of delivery and provide detailed evidence (including visual proof) of the product’s fault.
6.1.1. Once a refund is processed, the Client will no longer have access to the Company’s product (either Digital content or Goods).
6.1.2. Refunds will be credited back to the original payment method.
6.1.3. By purchasing Services, the Client agrees to this refund policy and waives any right to dispute it through legal channels or other means.
7. Intellectual Property Rights
7.1. All intellectual property rights, including but not limited to copyrights, design rights, trademarks, patents, and other proprietary rights associated with the Services and any related content, are owned solely by the Company.
7.2. The Client may not reproduce, deconstruct, reverse engineer, decompile, distribute, publicly display, perform, publish, or otherwise make available any part of the Services, including but not limited to Digital content, without the prior written consent of the Company.
7.3. The Client grants the Company a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, non-exclusive license, with the right to sublicense (through multiple tiers) and assign to third parties, to reproduce, distribute, perform, display (publicly or otherwise), create derivative works of, modify, adapt, and otherwise use, analyze, and exploit the User Content in any manner now known or later discovered. The Client also waives any moral rights in relation to their User Content to the fullest extent permitted by applicable law. “User Content” refers to any communications, images, writings, creative works, sounds, and other material or information that the Client uploads, transmits, or submits through the Services, or that other users may upload or transmit. By submitting or uploading User Content, the Client affirms, represents, and warrants that the content is: (a) accurate and not confidential; (b) not violating any applicable laws, contractual obligations, or third-party rights, and that the Client has the necessary permissions for any third-party intellectual property or personal information included; and (c) free from any viruses, spyware, adware, worms, or other malicious software.
7.4. Nothing in this Agreement should be interpreted as transferring any intellectual property rights related to the Services or its content, except as explicitly outlined in Section 8.1 below.
8. Use of Digital Content
8.1. All intellectual property rights related to Digital content, as outlined in Article 7.1, are owned by the Company. Digital content is licensed to the Client, not sold, under the terms of this Section 8. The Client is granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the Digital content provided by the Company, solely for personal use and subject to the terms of this Agreement.
8.2. This license will be valid for a period of 5 years from the date the Client receives the applicable Digital content, unless it is suspended or terminated earlier as per the terms of this Agreement.
8.3. Unless otherwise explicitly stated, the Client may only use the Digital content for personal, non-commercial purposes.
8.4. The Client is prohibited from editing, reproducing, transmitting, lending, or making the Digital content available to third parties, or engaging in any activity that goes beyond the scope of the license granted in this Section 8 by the Company.
8.5. The Company may impose limitations on the license, such as restricting the number of devices or types of devices on which the Digital content can be used.
8.6. If the Client violates any of the terms in this Section 8, the Company reserves the right to suspend access to the relevant Digital content, in addition to pursuing any other remedies available under this Agreement or applicable law, including recovering damages for any losses incurred due to the violation, as well as any related costs.
9. Prohibition on Sale of Digital Content
9.1. The Client is strictly prohibited from selling, offering for sale, sharing, renting, or lending the Digital content or any copies of it.
10. Privacy Policy
10.1. The Client's personal data is processed in accordance with the Privacy Policy. It is recommended that the Client print and retain a copy of both the Privacy Policy and this Agreement for future reference.
11. Indemnity
11.1. The Client agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers from any claim, demand, or legal action, including reasonable attorney's fees, arising out of the Client's breach of this Agreement, use of the Services, or any violation of law or third-party rights related to the Client’s actions under this Agreement.
12. Liability
12.1. THE INFORMATION PROVIDED MAY NOT BE SUITABLE OR ADEQUATE FOR THE CLIENT’S PURPOSE, AND IT IS THE CLIENT’S RESPONSIBILITY TO VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON THE INFORMATION PRESENTED ON THE WEBSITE OR MOBILE APP, INCLUDING INFORMATION OBTAINED THROUGH THE CLIENT’S USE OF THE SERVICES, ARE SOLELY THE CLIENT’S RESPONSIBILITY.
12.2. THE CLIENT FULLY UNDERSTANDS AND AGREES THAT THE COMPANY WILL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES ARISING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF USE, OR OTHER LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)), ARISING FROM: (i) THE USE OR INABILITY TO USE THE SERVICES, (ii) ANY LINKS PROVIDED IN CONNECTION WITH THE SERVICES, (iii) THE MATERIALS OR INFORMATION CONTAINED ON ANY OR ALL OF SUCH LINKED WEBSITES OR MOBILE APPS, (iv) THE CLIENT’S RELIANCE ON ANY OF THE SERVICES, (v) INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR ANY PART THEREOF, (vi) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO POST OR STORE INFORMATION, OR (vii) ANY OTHER MATTER RELATED TO THE CLIENT’S USE OF THE SERVICES. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO THE CLIENT IN CONNECTION WITH HIS/HER USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
12.3. A party to this Agreement will be released from liability for non-performance if it can demonstrate that non-fulfillment occurred due to force majeure. Specifically, the Company will not be liable for any losses caused by force majeure, riots, war, natural disasters, or any other events outside of its control (e.g., strikes, lockouts, traffic delays, governmental acts, or actions by domestic or foreign authorities). The Client is required to notify the Company in writing within 30 calendar days of the occurrence of such force majeure events preventing the fulfillment of the Agreement. The Company will inform the Client of the occurrence of force majeure via email or on the Website or Mobile app if possible.
12.4. Liable Company:
1) DEVTROX LTD acts as the administrator of the Website or Mobile App and the provider of the Services. It is responsible for managing subscription services, processing payments for Services and Goods, handling refunds, and chargebacks. THE COMPANY’S LIABILITY IS LIMITED TO DIRECT LOSSES UNLESS OTHERWISE STIPULATED BY APPLICABLE LAWS.
12.5. Due to the nature of the Services and/or Goods offered, and given that the Company cannot control the Client’s compliance with the provided usage instructions, the Company does not provide any warranties regarding the results or outcomes that may arise from using the Services and/or Goods.
12.6. While using the Services, the Client may come across links to external websites or mobile apps not owned or controlled by the Company. These links are provided "as is." The Client acknowledges and agrees that the Company is not responsible for the functioning of such links. Additionally, the Company is not liable for any content, advertisements, products, or other materials that may be accessed through these links, and the Client agrees that the Company shall not be held liable, either directly or indirectly, for any damage or loss that may occur or be alleged to occur due to the use or reliance on any content, goods, or services found on or through those external websites or mobile apps.
13. Medical Disclaimer
13.1. BEFORE STARTING ANY MEAL PLAN-BASED DIET OR USING ANY GOODS PROVIDED BY THE COMPANY, THE CLIENT SHOULD CONSULT WITH THEIR HEALTHCARE SERVICE PROVIDER.
13.2. THE COMPANY IS NOT A MEDICAL ORGANIZATION AND DOES NOT OFFER MEDICAL ADVICE OR ASSISTANCE. NOTHING CONTAINED WITHIN THE SERVICES PROVIDED BY THE COMPANY SHOULD BE CONSIDERED, INTERPRETED, OR TAKEN AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR ASSISTANCE. THE CLIENT IS FULLY RESPONSIBLE FOR ASSESSING AND EVALUATING THEIR OWN HEALTH, INCLUDING THE DECISION TO SEEK APPROPRIATE GUIDANCE FROM A HEALTHCARE PROVIDER.
13.3. THE COMPANY ENCOURAGES THE CLIENT TO CONSULT WITH A QUALIFIED MEDICAL PROFESSIONAL BEFORE USING ANY OF THE COMPANY’S SERVICES.
13.4. THE CLIENT SHOULD NOT DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ATTENTION BASED ON INFORMATION OBTAINED FROM THE COMPANY'S WEBSITE, MOBILE APP, OR OTHER COMMUNICATION CHANNELS OF THE COMPANY.
14. Validity and Termination
14.1. This Agreement becomes effective once the Client accepts and electronically agrees to comply with its terms, and will remain in force until terminated as outlined in the following section.
14.2. The Company reserves the right to terminate the relationship with the Client at any time under the following circumstances:
(1) The Client does not agree with the terms of the Agreement;
(2) The Client breaches any part of this Agreement;
(3) The Client fails to provide the requested information or provides inaccurate and/or incomplete information. However, statutory termination rights remain unaffected.
15. Changes to Agreement
15.1. This Agreement, the Privacy Policy, and any other applicable terms and conditions are subject to change. The Company reserves the right to update or modify this Agreement from time to time, with changes becoming effective immediately once posted on the Company’s Website or Mobile App.
15.2. All changes to the Agreement, Privacy Policy, and any additional terms will be published online. The Company may notify the Client of these changes by sending an email to the primary email address provided by the Client or by posting a notice on the Website or Mobile App.
15.3. The Client acknowledges and agrees that by continuing to use and access the Services after any updates to the Agreement, the Client is voluntarily agreeing to the updated terms. If the Client does not agree to the updated Agreement, they should refrain from using or continuing to use the Services.
16. Communication
16.1. Generally, the Company prefers to communicate via e-mail. By accepting this Agreement, the Client agrees to receive communications by e-mail. For this purpose, the Client must provide a valid e-mail address when filling out the required information as outlined in Section 3.2. The Company may also publish relevant information regarding this Agreement or the Services on the Website or Mobile app. The Client is advised to regularly and frequently check their e-mail inbox as well as the information posted on the Website or Mobile app. E-mails may contain links to further information and documents.
16.2. Where required by applicable law, the Company will either send the Client an e-mail with an attachment or provide a notification referring to the Services with a download link to retain such information and documents for future reference. It is the Client’s responsibility to keep copies of all communications from the Company.
16.3. The Client may request a copy of this Agreement or any other contractual document by reaching out to hello@ketodietai.com.
16.4. Communication with the Client will be conducted in English unless otherwise agreed upon by both the Company and the Client.
16.5. The Client can contact the Company at any time by sending a message to hello@ketodietai.com.
17. Dispute Resolution
17.1. Governing Law. This Agreement is governed by the laws of Texas, without regard to its conflict of law principles, regardless of the Client’s location.
17.2. Informal Dispute Resolution. The Client agrees to engage in informal dispute resolution before initiating a claim against the Company.
Any complaints related to the Company, subscriptions, refunds, chargebacks, and the Services and/or Goods provided to the Client should be directed to the Company by contacting hello@ketodietai.com
The Client must clearly state that a complaint is being filed and specify the reasons and circumstances surrounding the complaint. The Company will acknowledge receipt of the complaint by sending a response to the e-mail address from which it was received. The Company will review the complaint and respond to the Client within 14 calendar days of receiving the complaint. If the dispute is not resolved within 30 calendar days, either the Client or the Company may proceed with a formal claim.
17.3. Arbitration. Except for disputes eligible for small claims court, all disputes arising from or related to this Agreement, or any aspect of the Client-Company relationship—whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory—will be resolved through final and binding arbitration by a neutral arbitrator, instead of a court trial. Both the Client and Company waive the right to a trial by jury. This includes, but is not limited to, disputes regarding the interpretation or application of this arbitration clause, including its enforceability, revocability, or validity. All such matters shall be decided by an arbitrator, not by a court.
17.4. The Client agrees that any arbitration under this Agreement will be conducted on an individual basis. Class arbitrations and class actions are not permitted. By accepting this Agreement, the Client waives the ability to participate in a class action.
17.5. The Client may opt-out of this arbitration agreement by emailing hello@ketodietai.com with their first name, last name, and address within thirty (30) days of accepting this Agreement to arbitrate, along with a statement indicating that the Client declines the arbitration agreement.
17.6. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. The arbitrator will conduct hearings, if any, via teleconference or videoconference, unless the arbitrator determines, upon request by either party, that an in-person hearing is necessary. In-person hearings, if required, will be held at a location convenient to both parties, considering their ability to travel and other relevant factors. If the parties cannot agree on a location, the AAA or the arbitrator will make the decision. The arbitrator’s decision will be final and binding, and may be enforced in any court with jurisdiction. The arbitrator may grant temporary, interim, or permanent injunctive relief or relief for specific performance of this Agreement, but only as necessary to address the individual claim. Notwithstanding the foregoing, this Agreement does not preclude the Client from bringing matters to the attention of federal, state, or local agencies, where allowed by law, to seek relief.
18. Miscellaneous
18.1. No person other than the Client shall have any rights under this Agreement.
18.2. The Client may not assign any rights under this Agreement to any third party without the prior consent of the Company. The Company, at its sole discretion, may assign its rights and obligations under this Agreement, in whole or in part, to any third party.
18.3. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that part will be severed from the remainder of the Agreement, which will continue in full force and effect to the extent permitted by law.
18.4. THE USE OF THE SERVICES IS SOLELY AT CLIENT`S OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE CLIENT. THE COMPANY MAKES NO WARRANTY THAT THE SITE OR SERVICE WILL MEET CLIENT`S REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM USING THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT HIS/HER SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICE IS TO CEASE USING THE SERVICES. CLIENT MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
18.5. BY USING OR ACCESSING THE SERVICES, CLIENT HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.