Apneo terms of use
Terms of Use

These Terms of Use (“Terms”) cover your (“User”) use and access to the website www.apneo.com (the “Site”) and mobile app – “Apneo”, and services (“Services”)
Including paid or unpaid use of services, products, content and functionality provided by Vector media Soft Pty Ltd D/B/A Ajarus (“We” “us”). By using Apneo, User (“you”) agree to be bound by these Terms, and also accept our Privacy Policy.
If you do not agree to them, please do not use the app or access the service from it.
1. Acceptance of Terms
This Service is offered to you conditioned on your acceptance without modification, of the Terms, conditions, and notices contained in this Agreement and any operating rules, policies, and procedures that are published by Ajarus, (collectively, the “Terms”). The following Terms govern your access to and use of Apneo Services. Your use of the Service constitutes your agreement to all such Terms. These Terms may be updated by us from time to time. These Terms and Conditions apply to all users of Apneo.

2. The Service
Apneo app developed by Ajarus, offers a signature training course to free-divers who purchase a subscription within the app. During each training session, the free-diver uses the app's timer feature to complete prescribed training exercises. The training course covers diving theory, training techniques, and warm-up exercises. The application also includes video materials pertaining to the course, provides visual aids for users to learn from. Overall, the application teaches users how to become better free-divers through a structured training program.
Our services are constantly evolving. As we introduce new products, services, and features, we need the flexibility to make changes, set limits, and sometimes suspend or discontinue certain services. We may also release updates for our services, which may not work properly if you don't install them.
The form and functionality of our services may change frequently, and these changes may occur without prior notice.
We may provide updates (including automatic updates) to certain services whenever we deem necessary. These updates may include upgrades, modifications, bug fixes, patches, error corrections, or new features (collectively referred to as "Updates"). Some parts of our services may not function properly if you don't install these updates. You acknowledge and agree that the services may not work properly without these updates and that you consent to automatic updates. Additionally, you agree that the terms (and any future updates to them) will apply to any and all updates to the services. We may change, suspend, or discontinue any part of the services at any time, including products, features, databases, or content. We are also not obligated to provide updates or continue offering any specific features or functions of the services. We may impose limits on certain services or restrict access to some or all of the services without notice or liability.
3. Your Health
You must be in a good general state of health to use Apneo Services. If you have knowledge of any pre-existing medical conditions, we advise you to seek medical advice from a doctor urgently before you start the Apneo Services (such as trainings or coaching). Before using the Apneo Services for the first time or while using Apneo, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea or dizziness), consult your doctor before starting or continuing with Apneo.
The services and information offered by Apneo and the Apneo Services do not constitute medical advice or a doctor's advice. Nor are they a substitute for a medical examination or treatment by a doctor.
3.1. Health Disclaimer
Apneo is committed to your safety and well-being. Before using our Services, we strongly encourage you to consult with your healthcare provider(s) and assess any potential risks. By using our Services, you agree, represent, and warrant that you have received consent from your physician to use the Services or any related activities made available through the Services.
Everyone’s health condition and physical abilities are unique, and using the Services promoted by us is at your own risk. By choosing to engage in these activities, you do so voluntarily, knowingly, and assume all associated risks, including the possibility of injury. The Programs and activities promoted by our Services may carry risks even for individuals in good health.
Except as otherwise provided in these Terms and to the fullest extent permitted by applicable law, we are not liable for any injury, illness, or damages incurred as a result of your use of, or inability to use, any Services or features, including any content or activities accessed through the Services, even if such harm is caused in whole or part by the actions or negligence of Apneo or others.
All services provided through our Services are for informational purposes only. Apneo is not a healthcare provider and does not offer medical services or advice. Nothing on the Services should be interpreted as medical advice or a diagnosis. The information provided through the Services is not intended as a substitute for professional medical evaluation, treatment, or advice, and should not be relied upon for making medical decisions or diagnosing or treating any health conditions.
By using our Services, you acknowledge that no doctor-patient relationship is created between you and Apneo. We strongly encourage you to consult a physician or other licensed healthcare professional if you have questions about your health before starting any dietary programs, exercise regimens, or other wellness activities referenced or offered through the Services.
If you are receiving treatment for any health condition, taking prescription medication, or following a therapeutic diet, you should consult your physician before using our Services. You represent and warrant that you are not using the Services for medical purposes and that you will consult a physician if you are at risk for health issues resulting from exercise or dietary changes. If the information you receive through the Services conflicts with advice from your healthcare provider, you should follow your physician's guidance.
4. Modification
Ajarus reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to User, and is not obligated to support or update the Service. The amended Terms and Conditions of this agreement shall be effective immediately after they are initially posted on the Site. User’s continued use of the Service after posting of the amended Terms on the Site constitutes User’s affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. User acknowledges and agrees that Ajarus, shall not be liable to User or any third party in the event that Ajarus, exercises its right to modify or discontinue all or part of the Service. You can view the most recent version of these Terms at any time here.
5. Registration
To access/use the services of Apneo Users are required to register as User and have an account. If you are an individual, you must be at least eighteen (18) years of age. You can download the app through App Store or Google Play. While registering and opening the account, you must provide a valid email address; select e-mail username and password, name, DOB, sex, height, weight, your sport experience to pass onboarding process. Any supporting document if requested by Ajarus, must be provided. By electing to use these services, you agree to provide true, accurate, current, and complete information about yourself, and you agree to maintain and promptly update the Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may refuse to offer you any and all current or future use of Apneo Services.
Each User represents, warrants, and agrees to grant access to the Account only to persons authorized to act on behalf of the User and only in accordance with this Agreement. The User agrees to be fully responsible and liable for any action using User’s Account. You shall immediately notify us of any unauthorized use of your e-mail ID and/or password or any other breach or threatened breach of security of this App/Site.

6. Privacy Policy
We respect your privacy and the use and protection of your Personal Information. Apneo collects certain personal information while onboarding. Such information and data collected by us about Users will be treated as confidential and protected and used by us in accordance with our privacy policy. You can review the most current version of our Privacy Policy at any time at: https://apneo.com/privacy
7. User Conduct/Lawful Use
User agrees that use of Apneo is subject to all applicable International, National, Federal, state, and local laws and regulations. User agrees to abide by these laws and is solely responsible for the content of its communications through the Service. User agrees to use Apneo for lawful purposes only.
If you are found to be involved in any of the acts of using Apneo/Site/Service unlawfully, furnishing incorrect or inappropriate information, you will be advised to stop inappropriate use or furnish correct information, immediately. Failure to immediately do the needful will result in a cancellation of the access/service and forfeiture of any fees paid.
If you encounter any prohibited material on the Site you waive your right to any damages related to such exposure. Such material should be immediately reported to apneo.admin@ajarus.com
In case of any violation of these Terms, Ajarus, reserves the right to seek all remedies available by law and in equity for such violations.
8. License
The Materials on this Site/Apneo app, are copyrighted and any unauthorized use of any such copyrighted Materials may violate copyright, trademark, and other laws. This is a license, not a transfer of title, and is subject to the following restrictions:
you may not:
- Modify, decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law;
- Remove any copyright or other proprietary notices from the Materials;
- You agree to prevent any unauthorized copying of the Materials.
8.1. Commercial Use of the Services. Except for certain products and services provided through Apneo-branded websites, which are intended as tools for website owners, our services are meant for personal, non-commercial use only. You may not use the services to sell products or services, drive traffic to your own or a third-party website for commercial purposes (such as advertising sales), or engage in any activity intended to generate revenue. For example, you may not take search results from the services, reformat them, and display them on your site, or mirror our homepage or results pages. Additionally, you may not "meta-search" our services. If you wish to use the services for commercial purposes, you must first enter into an agreement with us. For more information about commercial use, please contact our support team.
8.2. Your license to Apneo and User-Generated Content (“UGC”)
When you post content in connection with the services, it remains your property. However, by posting it, you grant us permission to use that content as part of our services and to make it available to others. We may edit or remove your content at any time and for any reason. Please ensure that you only post content that you own or have permission to post.
By providing User-Generated Content to Apneo through the services, you grant us and our users a non-exclusive, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt (including to meet the requirements of different networks, devices, services, or media), commercialize, create derivative works, and otherwise exploit your content in connection with the services. You acknowledge and agree that: (a) we have the right to organize and display User-Generated Content as we see fit; (b) we are not obligated to credit you when using your content, although if we do, the size and placement of such credit is at our discretion; and (c) you are not entitled to any compensation or payment for the use of your content.
The rights granted in this license are limited to allowing Apneo to operate the services, enable other users to use the services, improve them, and develop new services. However, we will not use your User-Generated Content in a way that conflicts with our Privacy Policy.
We reserve the right to monitor, remove, or modify User-Generated Content at any time and for any reason, including content we believe violates these terms, our Community Guidelines, or our policies.
You agree to respect the intellectual property rights of others. You represent and warrant that you have all necessary rights to grant us the license for any User-Generated Content you submit, and you will indemnify us against any claims arising from a breach of this representation.


9. Disclaimer
Services “AS IS”
TO THE FULLEST EXTENT PERMITTED BY LAW, AJARUS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT APNEO AND THE SERVICES. THE SERVICES ARE PROVIDED “AS IS”. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AJARUS, IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED BY ITS USERS/SERVICE PROVIDERS IN ANY PUBLIC FORUM, HOME PAGE OR OTHER INTERACTIVE AREA, EVEN IF AJARUS, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Ajarus does not warrant, endorse, agree, guarantee, or assume responsibility for any beliefs, values, ideas, product or service advertised or offered by businesses, individuals, registered with us.
Ajarus further does not warrant that its service will be secure or uninterrupted; any information, or other items contained within the Materials on the Site will be accurate and complete. Ajarus may make changes to these Materials at any time. Ajarus makes no commitment to update the Materials. No oral advice or written information given by Ajarus, its employees, licensors or the like will create a warranty; nor may you rely on any such information or advice.
10. Limitation of Liability
As a condition of use of Apneo, and in consideration of the services provided by Ajarus, User agrees that neither Ajarus, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Ajarus, will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the use of Apneo app, its Service, or Site Content.
AJARUS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF APNEO/OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM APNEO, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA APNEO APP/ SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AJARUS, ITS AFFILIATES OR DELIVERY PARTNERS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT AJARUS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO AJARUS IF ANY, FOR THE PAST 3 MONTHS OF THE SERVICES IN QUESTION.
11. Indemnification
You agree to indemnify and hold Ajarus, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable Attorneys’ fees, made by any third party due to or arising out of, your use of Apneo app/Service, your connection to Apneo app/Site, your violation of the Terms, your intentional or negligent violations of any applicable laws or governmental regulation, your contractual relation with a third party, or your violation of any rights including but not limited to rights relating to patent or copyright of another.

12. Fees and Payments
12.1. Users can subscribe to the Apneo Services via App Store or Google Play.
12.2. Premium Services
We offer certain premium versions of our Services (e.g., Premium Subscriptions, referred to as "PRO Services") for a fee. By subscribing to and using the PRO Services, you agree to our Terms, along with any additional terms and conditions provided here.
PRO Services grant you access to exclusive content, features, and functionality. By subscribing to and using the PRO Services, including any Free Trials, you agree to pay any applicable fees or charges, such as ongoing subscription fees.
When signing up for the PRO Services, you must provide accurate and complete information about your preferred payment method ("Payment Method") and are responsible for keeping this information up to date.
You can choose to pay for the PRO Services on a monthly or annual basis. Unless stated otherwise, all fees for PRO Services are due in advance and will be billed automatically to your Payment Method at the start of the applicable billing cycle (monthly or annual). Unless specified otherwise, PRO Services will auto-renew until you decide to cancel your subscription. All purchases of PRO Services are final and non-refundable, except at our sole discretion and in accordance with the terms governing each specific PRO Service.
12.3. Termination or Cancellation of PRO Services
If you fail to pay the fees for your use of the PRO Services, we may attempt to notify you and resolve the issue, but we reserve the right to disable or terminate your access to the PRO Services at any time, with or without notice.
You may cancel the PRO Services at any time. Details on how to cancel are available here. Once your cancellation is confirmed, no further changes can be made to your account. The cancellation will take effect at the end of your current billing cycle, and you will retain access to the PRO Services until the end of that cycle. For example, if you cancel a monthly subscription during the month, you will still be charged for the entire month but will continue to have access until the month ends.
No refunds are provided for the termination or cancellation of PRO Services. It is your responsibility to cancel your subscription in advance if you no longer wish to continue, regardless of whether you actively use the PRO Services.
12.4. Fee Changes
To the maximum extent permitted by applicable law, we may change the pricing for PRO Services at any time. We will provide reasonable notice of such changes, either by posting updated prices on the relevant PRO Services page or by sending you an email notification. If you do not agree with the new prices, you may cancel your subscription before the new pricing takes effect.
12.5. Discount, Coupon or Redeem Codes
If you have received a discount, coupon, or gift code for PRO Services, the following terms apply in addition to the specific terms of the code. To redeem a discount or coupon code, log in to your account and enter the applicable code during checkout to take advantage of the promotion. Discount, coupon, and gift codes may only be used when subscribing to PRO Services and for accounts not already subscribed. These codes cannot be combined with other offers or exchanged, refunded, or redeemed for cash.
A payment method may be required to redeem a discount or coupon code. It is your responsibility to use the code before it expires; expired codes cannot be refunded or extended. You are also responsible for cancelling your PRO Services before the end of any free or discounted period if you do not want to continue at the regular price. Additional restrictions may apply to the use of specific discount, coupon, or gift codes, such as the type of plan, duration of the discount, or validity period. We reserve the right to cancel promotions at any time.
12.6. Free Trials
We occasionally offer free trials or other promotional offers for our PRO Services (each referred to as a "Free Trial"). A Free Trial provides access to PRO Services for a specified period, with details outlined when you sign up.
To sign up for a Free Trial, you may be required to provide your Payment Method. Your Free Trial will begin as soon as your payment details are submitted, but you will not be charged until the Free Trial ends.
Unless you cancel before the Free Trial ends (or unless otherwise specified), your subscription to the PRO Services will automatically continue, and you will be charged the applicable fees using the Payment Method provided. All charges incurred during the Free Trial are final and non-refundable, except at our sole discretion and according to the terms of each PRO Service.
We may send a reminder when your Free Trial is about to end, but we do not guarantee such notifications. It is your responsibility to keep track of the Free Trial end date if you do not wish to continue with a paid PRO Services subscription.
If you do not want to continue with the PRO Services after the Free Trial, you must cancel your subscription before the Free Trial period ends. Depending on the service, you may lose access immediately after cancellation or at the end of the Free Trial period. Once your Free Trial is cancelled and confirmed, you cannot resume the Free Trial, even if you did not use the full offer duration.
Features and content of the PRO Services may change at any time, and we cannot guarantee the availability of specific features or content for the entire Free Trial. The rates in effect at the time of your Free Trial registration will apply when the Free Trial ends, unless we notify you otherwise. We reserve the right to modify or terminate any Free Trial offer, your access to PRO Services during the Free Trial, or any of these terms, without notice and without liability. You may only sign up for one Free Trial for a specific PRO Service at a time, and we reserve the right to limit your ability to use multiple Free Trials.
13. Refund
Terms of refund shall be in accordance with App Store/Google Play conditions.
14. Retention
We will retain information you provide to Apneo, for as long as we need it to provide you the Services. In case of discontinuation of use of the App/Services, we will also delete this information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our Agreements.
15. Proprietary Rights
These Terms do not transfer any right, title, or interest in Apneo app/Service or the Site Content to User. Subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use Apneo to the extent you have the right to access the service. Your right to use Apneo and access the service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to Apneo, including all related intellectual property rights. Apneo is protected by applicable intellectual property laws, including copyright law and patents. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of Apneo; (b) rent, lease, or sublicense Apneo; nor (c) circumvent or disable any security or technological features or measures in Apneo.
If you download, print or display any Apneo app/Apneo Site Content for personal use, you must retain and you shall not cover or obscure all copyright and other proprietary notices. You may not use any metatags or other “hidden text” utilizing the Apneo name or trademarks or service marks without our express written consent. Any unauthorized use terminates the permission or license granted by Ajarus.
Ajarus reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Site/app or violation of these Terms of Use.
15.1. Copyright and Trademark Infringement Policy
15.1.1. We do not tolerate any copyright or trademark infringement:
(i) Trademark Infringement: This refers to the unauthorized use of a trademark or service mark in connection with goods or services in a way that could cause confusion, deception, or mistakes about the source, origin, sponsorship, or affiliation of those goods and/or services.
(ii) Copyright Infringement: Using copyrighted content without proper authorization or a legally valid reason is a violation. Intellectual property infringement by users may lead to a breach of Apneo’s policies.
15.1.2. Exceptions to Copyright Infringement: Not all unauthorized uses of copyrighted content are considered infringement. Many countries have exceptions that allow the use of copyrighted works under certain conditions without permission.
15.1.3. Fair Use of Trademarks: The use of another's trademark for purposes such as accurately referencing, commenting, criticizing, parodying, or reviewing the trademark owner's products or services, or for comparison purposes, is generally not considered a violation of our policies. Additionally, creating a fan page about a brand, even without the brand's permission, is usually permissible as long as you do not claim to represent or be associated with the brand or infringe on its intellectual property rights.
15.2. Notice & Takedown Procedure
We comply with the Copyright Acts by addressing notices of alleged infringement in accordance with and other relevant laws. In response, we may remove or disable access to materials on our services and products, including social networks we control, when they are claimed to infringe copyrights.
Please note that we do not have control over content hosted on third-party websites and cannot remove content from platforms we do not own or manage. If you are the copyright owner of content on a third-party site and have not authorized its use, we recommend contacting the site administrator directly to request removal.
Before submitting a Notice of Infringing Material, we advise you to consult legal counsel to understand your rights and responsibilities under the laws.
Please send the notice to:
Vector media Soft Pty Ltd D/B/A Ajarus Australian Business Number 70 652 571 35816 Nexus Way, Southport Queensland, 4215, Australia
Email: apneo.admin@ajarus.com
IMPORTANT NOTICE: Under federal law, knowingly misrepresenting that material is infringing can result in serious civil penalties, including monetary damages, court costs, and attorneys' fees incurred by us as a result of our reliance on your misrepresentation. You may also face criminal prosecution for perjury.

16. Termination
You are free to stop using Apneo and our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of Apneo/Services if you are not complying with these Terms, or use Apneo in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. We will of course provide you with notice via the email address associated with your account before we do so.
17. Mobile Usage
Use of Apneo involves use of mobile features that allow you to access the Service from your mobile phone. Ajarus does not charge for use of these features, but your mobile service provider may do so.
18. Waiver, Severability & Assignment
Ajarus’s failure to enforce a provision at any time is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Ajarus may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest, to continue the Services.
19. Ability to Accept Terms and Conditions
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms and Conditions of use.
20. Governing Law and Dispute Resolution
20.1. Arbitration Agreement
You and Apneo agree to submit any and all disputes arising out of or related to your use of the Services (a "Dispute") to binding arbitration. To the fullest extent permitted by applicable law, you and Apneo agree that any disputes related to your use of the Services will be resolved through binding arbitration, in accordance with the laws of Australia. The arbitration will be governed by the relevant arbitration laws of Australia and the Australian Centre for International Commercial Arbitration (ACICA) Arbitration Rules.
In arbitration, disputes are resolved by a neutral arbitrator instead of a judge or jury. The process includes limited discovery, and the arbitrator's decision is subject to limited review by courts. The arbitrator has the authority to award the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. The decision can be enforced in any court with jurisdiction over the matter. Arbitration will be conducted on an individual basis and not as part of a class, consolidated, or representative action.
20.2. Arbitration Process
Any arbitration between you and Apneo will be conducted remotely, either by telephone, online, or solely based on written submissions, at the discretion of the party initiating the arbitration. Personal appearances are not required, unless agreed in writing by both parties. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The arbitration will be conducted in English. An independent and impartial arbitrator will be appointed pursuant to the ACICA Arbitration Rules. The arbitrator will have the authority to decide on all issues relating to the enforceability, interpretation, scope, and application of this Arbitration Agreement, including any "gateway" issues, such as whether the arbitration agreement is enforceable or unconscionable. However, a court may address questions regarding the validity or enforceability of class action waivers in this Agreement.
Both parties agree to comply with the following rules to streamline the arbitration process and minimize costs:
- The arbitration will be conducted remotely via telephone, online, or written submissions, based on the initiator’s choice.
- No personal appearance by the parties or witnesses will be required unless mutually agreed in writing.
- Any judgment on the arbitrator's award may be entered in any court with jurisdiction.
20.3. Time Limits
The arbitrator will issue a decision within 120 days from the date the arbitrator is appointed, barring extraordinary circumstances. The arbitrator may extend this deadline by 30 days if necessary for justice. All arbitration proceedings will remain confidential and closed to the public, with all records sealed, except as necessary to obtain court confirmation of the arbitration award. The award will be in writing, including the reasoning for any claims.
20.4. Waiver of Rights
By agreeing to this Arbitration Agreement, you acknowledge and understand the following:
- You waive your right to a trial by jury.
- You waive your right to serve as a class representative or participate in any class, consolidated, or representative action.
- Any claim must be filed within one (1) year of when it arises or it will be forever barred.
20.5. Arbitration Fees
The payment of all filing, administrative, and arbitrator fees will be governed by the ACICA rules. Apneo will reimburse you for these fees up to $1,000, unless the arbitrator determines that your claims are frivolous. Apneo will not seek attorney’s fees and costs in arbitration, except if the arbitrator determines your claims are frivolous.
20.6. Opt-Out of Arbitration
You have the right to opt out of this Arbitration Agreement by submitting a written notice to Apneo within 30 days of accepting these Terms or the first time you agree to an agreement with Apneo that contains this Arbitration provision. The opt-out notice must be postmarked no later than the 30-day deadline and emailed to: apneo.admin@ajarus.com. The opt-out notice must include your full name, address, phone number, and email address. Failure to comply with this procedure will void the opt-out notice, and you will be bound by the arbitration provision.
If you opt out of arbitration, all other provisions of this Agreement remain applicable.
20.7. Legal Action Outside of Arbitration
If this Arbitration Agreement is found to be invalid, any disputes arising under the Terms will be subject to the jurisdiction of the courts located in Australia, and both you and Apneo consent to the personal jurisdiction and venue of these courts. If a Dispute proceeds in court rather than arbitration, the Dispute will proceed on an individual, non-class, non-representative basis, and neither you nor Apneo may be involved in a class action.
This Arbitration Agreement does not prevent either party from seeking provisional remedies, such as a temporary restraining order or preliminary injunction, in a court of competent jurisdiction. It also does not prevent either party from seeking relief in court for disputes related to intellectual property rights violations.
20.8. Class Action Waiver
By agreeing to these Terms, you waive any right to participate in a class, consolidated, or representative action. Any Dispute will be resolved individually and not as part of a class or group proceeding.
21. Contact Information
Ajarus welcomes your questions or comments regarding the Terms:
Vector media Soft Pty Ltd D/B/A Ajarus Australian Business Number 70 652 571 35816 Nexus Way, Southport Queensland, 4215, Australia
Email: apneo.admin@ajarus.com
Telephone Number: +61 (730) 400 900