Last Updated: April 2022

Gist Terms of Service. Please read these Terms of Service carefully, as they constitute a legally binding agreement ("Agreement") between you as the user ("you") and Oudi.mobi Limited, a company incorporated in the United Kingdom under company number 12100080 and located in High Wycombe, United Kingdom. Gist App is managed under holding company Oudi.mobi and which is referred to in this Agreement as "Gist App", “Gist”, "we", "us" or "our". Please take the time to read our Terms of service carefully.

FOR USERS IN THE U.S. (i) THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE APP OR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT; AND (ii) THESE TERMS ALSO INCLUDE A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND JURY WAIVER.

MORE INFORMATION ABOUT MANDATORY ARBITRATION, CLASS ACTION WAIVER, AND JURY WAIVER CAN BE FOUND IN THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTIONS AT 18 BELOW.

This Agreement applies to and governs your use of (i) the Gist App (the "App"), (ii) Gistapp.global and all corresponding subdomains, webpages and websites associated with the foregoing URL (the "Site"); and (iii) any other content, applications, features, products and services offered by us that refer to this Agreement (collectively, and together with the App and the Site, the "Services"). This Agreement applies whether you are accessing the Services via a personal computer, a browser, a wireless or mobile device or any other technology or device (each, a "Device"). This Agreement does not cover other services, platforms, applications, websites or any corresponding content, features, promotions or activities made available by any other company, person or entity, unless specifically stated.

By using the Services, downloading the App, completing the registration process or clicking or checking the "get started", "I agree”  or similar button, you understand, acknowledge and agree that (a) you have read and agree to be legally bound by this Agreement and (b) you are of legal age to form a binding contract with Gist App (or if you are below that age in the country where you reside: you have obtained your parent, guardian or legal representative’s consent to you signing up to Gist, and they have assisted you in completing the registration process). You acknowledge that we will treat your access to or use of the Services as acceptance of the Agreement from this point going forward.

Your use of, and participation in, certain Services may be subject to, and you will comply with, additional terms (e.g., software licenses, privacy policies, program terms, etc.) ("Additional Terms"), and such Additional Terms will either be listed in this Agreement made available on the Services or provided to you in connection with your use of or access to the same. We may also distribute guidelines for user conduct ("Community Guidelines"), documentation related to user support or similar materials ("User Documentation") via the Services; your use of the Services is subject to, and you agree to comply with, the User Documentation. The User Documentation and the Additional Terms are hereby incorporated into this Agreement by reference as though fully set out in this Agreement. A breach of the User Documentation or the Additional Terms constitutes a breach of this Agreement, so please read them carefully. To the extent that there is a conflict or inconsistency between this Agreement and the User Documentation, this Agreement will govern. To the extent that there is a conflict or inconsistency between this Agreement and the Additional Terms, the Additional Terms will govern.

IF YOU DO NOT AGREE TO BE FULLY BOUND BY THESE TERMS, PLEASE DO NOT USE THE APP, SITE, OR SERVICES.

1. Term.

This Agreement will remain in full force and effect while you access or use the Services. You may terminate your use of or registration for the Services at any time by closing your User Account (as defined at Section 4.1 below) in accordance with our then-applicable requirements. It is possible to restore your account for up to 30 days, if you change your mind about closing it or if it was wrongfully closed. To the fullest extent permitted by applicable law, Gist may terminate your use of or registration for the Services at any time in whole or in part without liability or obligation to you or any third-party, if you have materially or repeatedly breached this Agreement, if we reasonably believe there has been conduct which creates liability for us, if we are required to by applicable law or to comply with a court order, or if we decide to stop providing the Services. In the event of any suspension or termination, you must stop all use of the Services (including refraining from creating a new User Account); and to the extent permitted by applicable law you will still be bound by your obligations under this Agreement (including, but not limited to, any Additional Terms), such as any indemnifications, warranties, grants and limitations of liability (if applicable). Further, if Gist App terminates your use of or registration to the Services because you have breached this Agreement, you will not be entitled to a refund of any unused portion of any fees, payments or other consideration.

2. Modifications.

From time to time, we may amend this Agreement at our sole discretion. In addition to posting any amended Agreement publicly on the Services, we may also, to the extent required by applicable law, distribute amended terms directly to users. Your failure to terminate your User Account following any such amendment shall constitute your acceptance of the Agreement as amended. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

3. Compliance.

By using the Services, you represent and warrant that (i) you are 12 years of age or older and acknowledge and agree that features, activities and other aspects of the Services or certain jurisdictions may be subject to heightened age or other eligibility requirements (e.g., purchases, contests, sweepstakes, promotions, rewards programs, etc.); (ii) your use of the Services does not violate any applicable law, rule or regulation; and (iii) you will make timely and satisfactory payment for any products or services purchased by you. You warrant that all data provided by you is true, correct and accurate. If you provide information that is untrue, inaccurate, not current or incomplete, or Gist suspects that such information is untrue, inaccurate, not current or incomplete, Gist has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Services (or any portion thereof), in its sole discretion, and without liability or obligation to you.

4. User Registration; Responsibility for Account.

4.1 User Registration.

In order to access and use the Services, we will require that you register for an account ("User Account") via your apple ID or google sign up. We will use apple ID or google sign up to manage your access to your User Account. We may also request that you provide certain additional information as prompted by our user registration flow and related processes, including email address, account pin, name, age, gender identity, photos, date of birth, your location, and other profile information.

4.2 Responsibility for Account.

You may only have one User Account and are responsible for maintaining the strict confidentiality of your User Credentials, and you will be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials or Device, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, but not limited to, any Fee-Based Services (as defined in Section 15.1). It is therefore critical that you do not share your User Credentials with anyone besides your user Gist PIN. You agree to immediately notify Gist of any unauthorized use of your User Credentials, User Account or Device, or any other breach of security, including, but not limited to, in the event your Device is lost or stolen. It is your sole responsibility to (i) control the dissemination and use of your User Credentials, User Account and Device; (ii) update, maintain and control access to your User Credentials, User Account and Device; and (iii) cancel your User Account on the Services if you no longer wish to use the Services. We reserve the right to deny access, use and registration privileges to anyone if we believe there is a question about the identity of the person trying to access any account or element of the Services. To the extent permitted by law, Gist will not be responsible or liable for any loss or damage arising from your failure to comply with this Section 4 or any other provision of this Agreement.