Terms of Service

1. Acceptance of the Terms

These Terms of Service (the "Terms") govern your access to and use of the website under the domain name online-alarm.com, the services and materials offered thereon, and any other associated content (collectively, the “Site”).

By accessing or using this Site in any manner, you agree to be legally bound by all of these Terms, and these Terms will remain in effect while you use the Site. If you do not accept any part of these Terms, you must immediately stop accessing or using the Site, or terminate your account if you have one.

2. Eligibility

To use this Site, you must be at least thirteen (13) years old. If you are under the age of eighteen (18), or the age of legal majority where you live, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

To create an account, you must also meet the minimum age of digital consent that applies in your country of residence. In parts of the European Economic Area, that age is higher than thirteen (13) and may be up to sixteen (16). If you are below the applicable age, you may only create and use an account with the consent of a parent or legal guardian.

By using the Site, you represent and warrant that you meet these requirements.

3. Site Access and Availability

These Terms also apply to any new features, tools, or functionality added to the Site. We will not be liable if all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Site in accordance with these Terms.

4. Our Services

The Site offers a browser-based collection of time, timing, and scheduling tools. Everything runs inside your browser tab, and most tools work without an account (collectively, the "Services").

The Services currently include:

• Alarms and clocks: The alarm clock lets you set one or more alarms that ring in your browser at times you choose, with preset times, selectable ringtones, optional labels, adjustable volume and delay, a ringtone test, and dismiss and delay (snooze) controls. Related tools include a full-screen online clock, a world clock showing the current time in cities you add, a count-up stopwatch, and a countdown timer.
• Countdowns: The Site provides live countdowns to a date and time you set, including ready-made countdowns to events such as New Year and Christmas. A countdown can be shared by copying the page URL, which reproduces the same countdown for anyone who opens the link.
• Calculators and converters: The date calculator, hour calculator, and time zone converter help you work out intervals between dates or times and translate a time from one time zone to another.
• Focus and planning tools: The study timer runs chained work and break intervals for focused sessions; the chess clock provides a two-sided game clock; the meeting planner lays a single day across multiple cities so you can find a shared meeting time across time zones; the “do nothing” timer counts down while you stay still and resets if you interact with your device; and the “time until” tool shows a live countdown to any time or date.
• Shared features: Several tools support full-screen display, adjustable display size and time format, and shareable URLs that carry your chosen settings. The Site is available in multiple languages, and you can send us bug reports or suggestions through the feedback form.

We may add, change, or withdraw tools and features at any time, as described in the "Service Access and Availability" section above.

The content and the Services available on the Site may vary depending on your user status:

Visitors

Visitors can access and use the Services without creating an account or signing in. When you use the Site as a visitor, your settings and lists (for example, your alarms, world-clock cities, meeting-planner cities and their working hours, study-timer segment names, and similar preferences) are stored locally in your browser using local storage and similar browser storage so they persist on that browser for your own reference.

Local data is tied to the specific browser and device you used. It is not synced to any account, and it may be lost if you clear your browser cache or site data, switch to a different browser or device, or use private or incognito mode. Creating an account later does not import or recover data you saved as a visitor.

We encourage creating an account if you wish to preserve your data across devices, remove ads (via premium account), or access any additional features.

Registered Users

Creating an account is optional and free. When you sign in, your alarms, world-clock cities, and meeting-planner locations sync to your account so the same list follows you across your devices.

Premium Users

Registered users can upgrade to a premium membership to remove advertisements, access exclusive extra features, and enjoy a distraction-free experience. Premium benefits may vary and are subject to availability and applicable terms at the time of purchase.

5. Limitations of Usage

The alarm, timer, countdown, study timer, and other alerting tools on the Site are general-purpose convenience tools that run inside your browser. They depend entirely on your browser, device, and settings, and they can fail to alert you, alert you late, or alert you at the wrong time.

For an alarm or timer to sound, among other things, the browser tab must stay open, and your device must be powered on and awake rather than asleep, locked, or in a battery-saving state; your volume must be on and not muted; and sound permissions must be allowed. Browsers routinely slow down, suspend, or close inactive or background tabs, and mobile browsers in particular may pause background audio and timers. A crash, an update, power loss, loss of connectivity, an incorrect device clock, or a change in time zone can also stop an alert from working as expected. We cannot guarantee that any alert will sound or that it will sound on time.

For that reason, you agree not to rely on the Services for any purpose where a missed, late, or incorrect alert could result in harm, injury, loss, or other serious consequences. This includes, without limitation:

• medication timing, medical treatment, or any health or clinical monitoring;
• waking or reminders for time-sensitive events where missing them matters, such as flights, appointments, work, or examinations;
• operating, monitoring, or timing vehicles, machinery, or industrial or laboratory processes;
• cooking, heating, or any activity carrying a fire, burn, or similar risk that needs attended timing;
• supervision of children, older people, or anyone else in your care;
• emergency, security, or life-safety alerting; and
• legal, financial, business, or other deadlines where a missed alert could cause loss.

For anything important, please use a dedicated device built for that purpose, such as a standalone alarm clock, a certified timer, or an approved medical device, and keep an independent backup. Please do not depend on the Site as your only means of being alerted.

To the maximum extent permitted by applicable law, we are not liable for any loss, injury, damage, or missed obligation arising from any alarm, timer, countdown, or other alert that fails to sound, sounds late, sounds early, or otherwise does not work as you expected. Nothing in this section limits any liability that cannot be excluded under applicable law for death or personal injury caused by our negligence, for fraud, or for our gross negligence or willful misconduct. This section applies together with the “Prohibited Use of the Site and Services" and "Disclaimer of Warranties and Limitation of Liability" sections below.

6. User Accounts

Your access to and use of the Site does not require an account. Creating an account is optional and free, and it enables syncing so that your alarms, world-clock cities, and meeting-planner locations follow you across your devices instead of staying on a single browser. Registration and use of the Site without an account are both free of charge.

If we ever introduce a fee for a Service you are then using for free, we will tell you before that Service begins carrying a fee. If you wish to keep using it after that point, you must agree to and pay the applicable fees. You are never charged automatically for a tool that was free when you started using it.

Registration

To sign up for an account, you will be requested to provide your email address and to choose a username and a password. You may also be able to register using a supported social account (for example, Google). After registering, you will be asked to verify your email address.

If you register using a social account, you permit us to access certain information from that account. You control how much of that information is available to us through the privacy settings on the related social account. We may change which social networks are eligible for registration.

You agree to provide accurate, current, and complete information when you register and to keep it up-to-date.

You may not choose a username that you do not have the right to use or another person's name chosen to impersonate that person. You also may not select a username that is, in our reasonable judgment, vulgar, offensive, obscene, hateful, or otherwise in breach of these Terms. We may reject, reclaim, or require you to change a username on those grounds.

Account Responsibilities

You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Please use a real email address that you control. Notify us promptly if you become aware of any unauthorized use of your account or any other security breach.

To the extent permitted by applicable law, we are not responsible for loss or damage arising from someone else using your account or credentials, whether or not you were aware of it.

Account Restrictions

Your account is for your own use. Please do not share your credentials or let others sign in as you. You are prohibited from creating or maintaining multiple accounts for abusive purposes.

We may suspend or terminate accounts that we reasonably determine are being used abusively, fraudulently, or to evade a prior suspension, including where a person creates additional accounts for those purposes.

You may not sell, trade, or transfer your account to anyone else without our prior written permission.

Account Termination

You may delete your account at any time through your “Profile” settings.

We may suspend or terminate your account and your access to the Site immediately, without prior notice, if we reasonably determine that you have:

• breached any provision of these Terms;
• used the Site and the Services for purposes other than their intended use or in a way these Terms prohibit;
• acted fraudulently or abusively, or attempted to manipulate, disrupt, or compromise the security, integrity, or functionality of the Site; or
• put us in a position where suspension or termination is required by law or legal process.

We may also stop offering the Services or terminate accounts for convenience on reasonable prior notice where the circumstances allow. Nothing in this section limits any mandatory rights you have as a consumer under applicable law.

7. Premium Membership and Payment Terms

We offer an optional premium membership that removes advertisements and enables additional Site functionality. Premium is provided on an auto-renewing subscription basis. Any payment terms shown you during checkout form part of these Terms. Notifications about your payment will go to the email address on your account.

The Contracting Party

Premium is sold to you by Polar Software, Inc. (polar.sh) (“Polar”), which acts as the merchant of record and authorized reseller. When you purchase a premium membership, your purchase and billing contract for that transaction is with Polar under Polar's Checkout Buyer Terms, while these Terms license the premium features to you and govern how you may use them. Polar is the seller shown on your receipt, appears on your card or bank statement, and collects and remits any applicable taxes. We provide and support the premium features themselves. Your billing relationship, including invoices and payment records, is with Polar, and billing or payment-processing questions should be directed to Polar in the first instance. We may change our merchant of record at any time.

Fees and Taxes

Prices are shown on the checkout page in the currency displayed there, according to the monthly or annual plan you select. Polar calculates and adds any applicable VAT, GST, or sales tax based on your location and tax status at checkout, so the total you pay may include tax on top of the plan price. Completing checkout forms a binding purchase contract with Polar for the plan you selected, and you agree to pay the applicable fees.

Auto-Renewal and Cancellation

Your premium membership renews automatically at the end of each term, for a further term of the same length you originally selected, at the then-current price, until you cancel. To avoid the next charge, cancel at least twenty-four (24) hours before the current term ends. You can cancel at any time through your account settings. After you cancel, your premium features remain available until the end of the paid term, and the membership does not renew. Before you purchase, the checkout page shows the price, the renewal interval, that charges recur until you cancel, and how to cancel and by when.

Changes to Fees & Premium Features

We may change prices or premium features. Any change takes effect from your next renewal, and we will tell you by email before that renewal date so you can cancel if you do not accept it.

Failed Payments

If a renewal charge is not successfully settled, for example because a card has expired or has insufficient funds, we or Polar may suspend your access to premium features until a valid payment method is charged. A suspension for a failed payment does not by itself cancel your membership, and you remain responsible for amounts properly due for periods already provided.

Refunds and Statutory Withdrawal

Where you are entitled to a refund, whether under these Terms or mandatory law, we initiate the refund, and Polar processes it to your original payment method.

If you are a consumer, you have a statutory right to withdraw from this purchase within fourteen (14) days of entering into it, without giving a reason. Because premium membership is supplied as a digital service that begins when you buy it, you will be asked at checkout to expressly request that it start now and to acknowledge how this affects your withdrawal right. If you withdraw within the 14-day period before the service has been fully performed, you are entitled to a refund of the part of the paid period you have not yet used, and we keep only the proportionate value of the period already provided up to your withdrawal. Where the law that applies to you as a consumer gives you a more favorable right, that right prevails.

For users who are not consumers, and to the extent no mandatory consumer right applies, fees already paid are non-refundable, and your access continues until the end of the paid term.

Termination of Subscription for Cause

If we suspend or terminate your account for cause under these Terms, including for abusive behavior or prohibited use as described in the “User Accounts”, “Prohibited Use of the Site and Services”, and “Termination and Access Restrictions” sections, your premium access ends when the account is terminated. Except where mandatory consumer law requires a refund of the portion not yet supplied, no further refund is due.

If we terminate your account without cause during a paid term, you are entitled to a pro-rata refund of the unused portion, calculated from the date of termination to the end of the prepaid period, initiated by us and processed by Polar to your original payment method within thirty (30) days.

If you cancel yourself, no refund is issued for the current term. Your premium access continues until the end of that term and then stops renewing.

Any mandatory consumer rights in your country of residence that cannot be excluded or limited by contract are not affected by this section.

Chargebacks

If you do not recognize a charge, or you want to dispute one, please contact us or Polar first so we can resolve it. During a payment dispute, we or Polar may suspend your premium access. We reserve the right to suspend or terminate premium access for chargebacks that we reasonably determine to be fraudulent or abusive. Raising a legitimate payment dispute after first attempting to resolve it with us or Polar will not, on its own, cause your account to be terminated.

8. Site Contents and Intellectual Property Rights

The visual interfaces, graphics, design, information, data, computer code, materials, and content of this Site, the Site as a whole, and all other elements of the Site (collectively, the “Site Content”) are protected by copyright, trademark, trade dress, patent, or other intellectual property rights. Any use of the Site Content without our express written consent is prohibited.

Site Content

We grant you a limited, non-transferable, non-exclusive, revocable, non-assignable, and non-sublicensable license to access and use the Site, the Services, and Site Content solely as provided under these Terms, and not for redistribution of any kind (the “License”).

Our commercial partners, advertisers, licensors, and other third parties may also hold proprietary rights in parts of the Site that they make available through the Site and Services. Using the Site Content outside the License may infringe our rights or those of third parties and may breach applicable law. All trademarks and service marks, whether registered or unregistered, and all product names, company names, and logos displayed or mentioned on the Site are the property of their respective owners.

Your Content

Our Services let you create and save content such as alarm labels; the list of cities you add to the world clock and meeting planner (together with their working hours); study-timer segment names; and your tool settings and preferences (collectively, “Your Content”). How Your Content is stored depends on whether you are signed in.

Locally Stored Content (Visitors)

If you use the Site as a visitor without signing in, Your Content is stored locally on your device in your browser's local storage and similar browser storage and is not transmitted to our servers. Because it is stored locally, you are responsible for maintaining, backing up, and deleting it. We cannot access it, and we cannot recover it if it is lost, for example, if you clear your browser data, switch devices or browsers, or use private or incognito mode. This content stays on your device, so no license to us is required for it.

Content Synced to Your Account (Registered Users)

If you are a registered user signed into your account, the content needed to sync across your devices, currently your alarms, the cities you save to the world clock and meeting planner, and related settings, is transmitted to and stored on our servers so that it is available on each device where you sign in. You grant us a worldwide, non-exclusive, royalty-free license to host, store, back up, transmit, and display Your Content and to make technical modifications needed to store it and format it for display, solely to operate the sync feature and provide the Services to you. This license is limited to that purpose. We do not sell Your Content, display it publicly, or make it available to other users, and the license ends when you delete the content or your account, apart from backups retained for a limited period described in our Privacy Policy. Because Your Content may include personal data, such as the locations you add, we also process it in accordance with our Privacy Policy and applicable data-protection law.

Shared Links

Some tools, including countdowns, the meeting planner, and “time until”, let you create a link that reproduces your chosen settings for anyone who opens it. When you choose to share such a link, you make the information encoded in it available to the people you share it with. That is your choice, and you are responsible for what you share.

You represent that Your Content, and your saving or sharing of it, does not infringe our rights or any third-party rights or violate any applicable law.

9. Prohibited Use of the Site and Services

While using the Site or the Services, you agree not to:

• use the Services to conduct, facilitate, or promote any form of illegal act;
• use the Site or the Services for any purpose that violates applicable local, state, national, or international law;
• rely on the alarm, timer, countdown, or other alerting tools for any safety-critical or high-risk purpose, as described in “Limitations of Usage” section;
• save, sync, or share another person's personal information (for example, by adding to an alarm label, a saved city or location, or a shared link) without a proper basis for doing so;
• use a shared link feature, such as a countdown, meeting planner, or “time until” link, to transmit unlawful, infringing, harassing, or otherwise prohibited content, or to disguise the destination or purpose of a link;
• overload, disrupt, or attempt to manipulate the alarm, timer, sync, or notification systems, including by creating excessive alarms, alerts, or synced entries, or by scripting or automating their creation, in a way that degrades the Services for others;
• circumvent, disable, or interfere with any advertising on the Site, or with the boundary between free and premium features, including accessing or using premium features without a valid subscription;
• use the Site to deceive, mislead, or defraud others;
• use the information obtained through the Site to defame, abuse, harass, stalk, threaten, or intimidate any person;
• impersonate any person or entity, including any of our staff or representatives, or misrepresent your affiliation with any person or entity;
• use any robot, spider, crawler, or other automated means to access the Site or extract data from it without our express written permission;
• resell, sublicense, or otherwise commercially exploit the Site or the Services without our express written permission;
• sell, trade, rent, or otherwise transfer your account to any other person;
• attempt to interfere with the proper working of the Site, circumvent any security measures, or probe or scan the vulnerability of our systems;
• attempt to reverse engineer, decompile, hack, disassemble, or otherwise disrupt the Site or the Services, except to the extent this restriction is prohibited by applicable law;
• use the Services in a way that, we reasonably determine, places an unreasonable or disproportionate load on our infrastructure;
• choose a username, or create or submit content, that is defamatory, obscene, offensive, hateful, or that violates the rights of any third party;
• use the Site in any way that infringes the trademarks, copyrights, or other intellectual property of others;
• copy, modify, or create derivative works from the Site or the Site Content, except as these Terms or applicable law expressly permit; or
• remove or alter any copyright, trademark, or other proprietary notice on the Site.

If you use the Site or the Services in any of these ways, your License to use the Site may be suspended or terminated in accordance with the “Account Termination” provisions of these Terms. Where a use is unlawful or causes harm, we may also take appropriate legal action and, where required, report it to or cooperate with the relevant authorities.

10. Third-Party Services

The Site links to and relies on services we do not own or control. These include websites, apps, and advertisements reached through the Site, advertising shown to non-premium users, payment and checkout handled by our merchant of record, and any sign-in you choose to use through a third-party provider (collectively, “Third-Party Services”).

Except as set out below and in the “Premium Membership and Payment Terms” section, Third-Party Services are not under our control, and we are not responsible for their content, accuracy, legality, security, or availability. Your use of them is at your own risk and is governed by the third-party's own terms and privacy policy, not ours.

When you access a Third-Party Service, you are responsible for protecting your device from viruses, malware, or other harmful code; for assessing the suitability and legality of anything you view, download, or purchase; for respecting any third-party intellectual property or confidentiality rights; and for any costs, liabilities, or damage arising from your dealings with that third party.

Advertising shown on the Site is provided by third parties. We do not control which specific ads you see, and we are not responsible for advertisers, their offers, or the sites their ads lead to. Advertising partners may use cookies or similar technologies and may collect information as described in our Privacy Policy.

Payment for premium membership is processed by our merchant of record, Polar Software, Inc. Your rights and our responsibilities in connection with that purchase are set out in the “Premium Membership and Payment Terms” section and in Polar's own terms, which apply to the transaction.

We do not endorse any Third-Party Service, and, except as expressly stated in these Terms, we are not liable for any loss or damage arising from your use of one.

11. Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, OR CURRENT. EXCEPT FOR ANY GUARANTEES THAT APPLY TO YOU BY LAW AND CANNOT BE EXCLUDED, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE, THE SERVICES, AND THE SITE CONTENT.

The clock, timer, alarm, countdown, and related tools depend on your browser, device, operating system, settings, and connectivity, and their timing and delivery are not guaranteed. Times, calculations, and alerts may be delayed, inaccurate, or missed for the reasons described in the “Limitations of Usage” section, which governs any alarm, timer, or alert that fails to work as expected and applies in addition to this section.

To the fullest extent permitted by applicable law, we, our developers, and our affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data (whether stored locally on your device, or on our servers), loss of profits, or loss of business, arising out of or in connection with your use of, or inability to use, the Site or the Services, or the conduct of any other user.

To the fullest extent permitted by applicable law, our total liability to you for all claims arising out of or relating to these Terms or your use of the Site and the Services will not exceed the greater of (a) the amount you paid to us for the Services in the six (6) months before the claim arose or (b) fifty euros (EUR 50).

Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for our gross negligence or willful misconduct, or for any other liability that cannot be excluded or limited under applicable law. If you are a consumer, you keep all mandatory rights and remedies that the law of your country of residence gives you, and nothing in this section affects them.

Some jurisdictions do not allow certain warranty disclaimers or liability limitations, so some of the above may not apply to you. In that case, our liability is limited to the maximum extent permitted by the law that applies to you.

12. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless us, our managers, employees, agents, and affiliates from and against any claims, costs, damages, losses, liabilities, and expenses (including reasonable legal fees) brought by a third party and arising out of or in connection with:

• your breach of these Terms;
• your violation of any applicable law, rule, or regulation;
• your infringement or violation of any third-party rights, including intellectual property, privacy, or publicity rights; or
• the content you save, sync, or share through the Site, including alarm labels, saved cities or locations, and shared links, where that content or your sharing of it is unlawful, infringing, or otherwise in breach of these Terms.

This obligation does not apply to the extent a claim results from our own act or omission, and, if you are a consumer, it does not require you to cover any loss you did not cause or that mandatory law does not allow us to pass on to you.

We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate reasonably with us in asserting any available defenses. Neither party will settle any matter that imposes an obligation or liability on the other without that party's prior written consent, which will not be unreasonably withheld.

13. Termination and Access Restriction

This section adds to our rights regarding accounts in the “User Accounts” section and does not override them. As set out there, we may suspend or terminate your account and access immediately for cause, and we may terminate for convenience or stop offering the Services on reasonable prior notice where the circumstances allow. We may also restrict access to all or part of the Site where we reasonably need to, for example, to protect the Site or our users or to comply with law.

When your access is suspended or terminated, your right to use the Services stops for the affected part of the Site. Any personal data associated with your account is handled in accordance with our Privacy Policy after termination.

The effect of termination on a premium membership, including any refund of an unused portion of a paid term, is governed by the “Premium Membership and Payment Terms” section. Your mandatory rights as a consumer in your country of residence are not affected by this section.

You remain responsible for any content or data stored locally on your own device. Because that data never reaches our servers, we cannot retrieve, restore, or delete it for you.

To the fullest extent permitted by applicable law, we are not liable to you or any third party for suspending, terminating, or restricting access to the Site, except for any refund or remedy provided under the “Premium Membership and Payment Terms” section or required by mandatory law. You may end these Terms at any time by ceasing to access and use the Site and the Services.

14. Changes to the Terms

We may update these Terms from time to time. The date at the top of the page shows when the current version took effect, and we encourage you to review this page from time to time.

For minor changes, or changes required by law, the updated Terms take effect when we post them. For changes that materially affect your rights or obligations, including changes to fees, to the premium membership, or to the “Dispute Resolution, Binding Arbitration, and Class Action Waiver” section, we will give you reasonable advance notice through the Site and, if you have an account, by email before they take effect.

If you do not agree to the updated Terms, you can stop using the Site and, if you have one, delete your account. If you continue to use the Site after a change takes effect, you accept the updated Terms, except that we will not apply a material change to you on the basis of continued use alone where mandatory law requires your express agreement.

15. Privacy Policy & Cookies

We take a privacy-first and privacy-by-design approach. Our Privacy Policy explains in detail how we handle your personal information and serves as our disclosure notice for the purposes of applicable data-protection law. Please read it together with these Terms.

Our analytics are provided by Ahrefs Web Analytics, which the provider operates without cookies and without tracking individual users. Where any part of the Site does use cookies or similar technologies, we describe them, and your choices, in the cookie section of our Privacy Policy.

16. Dispute Resolution, Binding Arbitration, and Class Action Waiver

Please read this section carefully, as it affects your legal rights.

Nothing in this section limits any rights you have under the mandatory laws of your country of residence that cannot be excluded by contract, including your rights as a consumer to rely on the protections and the courts or dispute-resolution bodies of the country where you live.

If you have a dispute with us, please contact us at support at online-alarm [dot] com first so we can try to resolve it informally. We will do the same before bringing any claim against you.

Governing Law and Venue (Users Outside the United States)

If you reside outside the United States, these Terms are governed by the laws of Spain, without regard to conflict-of-law principles. If you are not a consumer, you and we submit to the exclusive jurisdiction of the courts of Málaga, Spain. If you are a consumer, this does not affect your right to bring proceedings before, or to be sued only in, the competent courts or consumer dispute-resolution bodies of your country of residence where mandatory law so provides.

Binding Arbitration (United States Users Only)

If you reside in the United States, any dispute, claim, or controversy arising out of or relating to these Terms, including questions about the scope or applicability of this agreement to arbitrate (together, "Disputes") will be resolved by binding arbitration rather than in court, except that you may bring a qualifying claim in small claims court.The arbitration will be administered by JAMS under its then-current Streamlined Arbitration Rules and Procedures (the “JAMS Rules”), except as modified by this section. The JAMS Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration/. If JAMS is unavailable or unwilling to administer the arbitration, the parties will agree on another established alternative dispute resolution provider. The arbitration will be conducted by a single, neutral arbitrator appointed under the JAMS Rules, in English. Unless you and we agree otherwise, any hearing will take place either (i) in the county (or parish) of your residence or (ii) by telephone or video conference, at your election, unless the arbitrator determines that an in-person hearing is needed. Filing, administration, and arbitrator fees are governed by the JAMS Rules. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

Class Action Waiver (United States Users Only)

If you reside in the United States, you and we agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and we agree otherwise, the arbitrator or court may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

17. Miscellaneous

Severability

If any part of these Terms is found to be invalid or unenforceable by the relevant court, that specific part will be replaced with a valid provision that best reflects our original intent. The rest of the Terms will remain in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and us regarding your use of the Site and Services. They supersede all prior communications or proposals, whether electronic, oral, or written.

Assignment

You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. We may assign or transfer these Terms, in whole or in part, to any affiliate or successor, or in connection with a merger, acquisition, reorganization, or sale of assets, on reasonable notice to you. This does not affect your mandatory rights as a consumer, and if you do not wish to continue with a new provider, you may end these Terms and stop using the Site.

No Waiver

Our failure to enforce any provision of these Terms, or any delay in enforcing it, is not a waiver of that provision or of our right to enforce it later. A waiver of any provision is effective only if we give it in writing.

Language

The governing language of these Terms is English. Any translations provided are for reference only, and the English version will prevail in the event of a conflict. Any communications related to the Terms will be in English, unless otherwise specified.

Force Majeure

We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to technical failures, natural disasters, acts of government, or internet-wide outages.

No Legal Relationship

Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and us.

Compliance with Law Enforcement

We reserve the right to comply with any governmental, court, or law enforcement requests regarding your use of the Site or information provided to us.

18. Contact Information

We welcome your comments or questions about the Site, the Services, and these Terms. You may contact us in writing at support at online-alarm [dot] com.