Last updated: 15 Dec 2024
Welcome to trixie. By accessing and using the trixie service, you accept and agree to be bound by the terms and provision of this agreement.
Please read these Terms of Use (these "Terms") carefully as they govern your use of (which includes access to) Trixie’s personalized services for storytelling and other content, including all of our websites and software applications that incorporate or link to these Terms (collectively, the "Trixie Service") and any audiobooks, music, videos, or other material that is made available through the Trixie Service (the "Content").
Use of the Trixie Service is subject to additional terms and conditions presented by Trixie, which are hereby incorporated by this reference into these Terms (collectively, the "Agreements").
By signing up for, or otherwise using, the Trixie Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the Triexie Service or access any Content.
These Terms are between you and Trixie OOD, Krasno Selo 13, Sofia 1680, Bulgaria.
In order to register for the Trixie Service, use the Trixie Service and access any Content, you need to (1) be 13 years of age (or the equivalent minimum age in your home country) or older, (2) have parent or guardian consent if you are a minor in your home country, (3) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (4) reside in a country where the Service is available. You also promise that any registration information that you submit to Trixie is true, accurate, and complete, and you agree to keep it that way at all times. If you are a minor in your home country, your parent or guardian will need to enter into these Terms on your behalf. If you do not meet the minimum age requirements then you should not register as a user.
We provide numerous Trixie Service options that require payment before they can be accessed (the "Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.
The Trixie Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. Trixie does not guarantee that Third-Party Applications and Devices will be compatible with the Trixie Service.
We use reasonable care and skill to keep the Trixie Service operational and to provide you with a personalized, immersive experience. However, our service offerings and their availability may change from time to time and subject to applicable laws, without liability to you; for example:
The Trixie Service may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
We aim to evolve and improve our Services constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all or part of the Trixie Service (including particular functions, features, subscription plans and promotional offerings).
Our dynamic content offering is constantly evolving and adapting to the needs of the Trixie community. Trixie has no obligation to provide any specific content through the Trixie Service, and Trixie or the applicable owners may remove access to particular content without notice.
Your right to terminate these Terms if you no longer want to use the Trixie Service is set forth in Section 6 below.
If you have prepaid fees directly to Trixie for a Paid Subscription that Trixie discontinues prior to the end of your Pre-Paid Period (as that term is defined in the Payments and cancellations section below), Trixie will refund you the prepaid fees for the Pre-Paid Period for any unused part of your then current Paid Subscription after such discontinuation. Your account and billing information must be up to date in order for us to refund you.
Trixie has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control.
You may need to create a Trixie account to use all or part of the Trixie Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account. Trixie may reclaim, or require you to change, your username for any reason.
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Trixie Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Trixie. You agree that you will not redistribute or transfer the Trixie Service or the Content.
The Trixie software applications and the Content are licensed, not sold or transferred to you, and Trixie and its licensors retain ownership of all copies of the Trixie software applications and Content even after installation on your Devices.
The Trixie Service and the Content are the property of Trixie or Trixie's licensors. All Trixie trademarks, service marks, trade names, logos, domain names, and any other features of the Trixie brand ("Trixie Brand Features") are the sole property of Trixie or its licensors. These Terms do not grant you any rights to use any Trixie Brand Features whether for commercial or non-commercial use.
You may purchase a Paid Subscription directly from Trixie or through a third party either by:
paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
pre-payment giving you access to the Trixie Service for a specific time period ("Pre-Paid Period").
Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge. If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your use of the Trixie Service in addition to these Terms.
Trixie may from time to time change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes (defined above), to reflect circumstances such as changes in product offerings and features, changes in the business or changes in the economic context, or for security, legal or regulatory reasons by communicating by any reasonable means, including by email or via in-app notification or otherwise, any price changes with reasonable notice, in any case not less than 30 days. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, by continuing to use the Trixie Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.
Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory or even city. Any change in Tax rate will be automatically applied based on the account information you provide.
Unless otherwise indicated (for example, if you have signed up for a Prepaid Period), Paid Subscriptions continue indefinitely until cancelled. You will be billed on a recurring basis on the first day of each billing period and you will pay and you authorise us (or the applicable third party, if you sign up through a third party) to charge your payment method the then-current subscription fee.
You may cancel your Paid Subscription at any time by logging into your Trixie account and following the prompts on the Account page or by clicking here and following the instructions. Unless otherwise indicated, cancellation will take effect from the end of the billing period in which you cancel and your account will be deactivated. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
In addition to, and notwithstanding, any other rights we may have under these Terms, we reserve the right to terminate a Paid Subscription at any time, on no less than 14 days' notice to you. Unless we inform you otherwise, we will allow you to retain access to the Paid Subscription for the remainder of the then-current billing period, after which we will deactivate your account.
If you sign up for a Trial, you agree that the withdrawal right for the Paid Subscription for which you are receiving a Trial ends fourteen (14) days after you start the Trial. If you don't cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorise Trixie to automatically charge you the agreed price each month until you cancel the Paid Subscription. For trials less than fourteen (14) days, you expressly consent to us providing you with the paid service immediately after the end of your Trial and that from that point you lose your right of withdrawal.
If you purchase a Paid Subscription with no Trial, you agree you have fourteen (14) days after your purchase to withdraw for any reason and must pay us for the services provided up until the time you tell us that you have changed your mind. You expressly consent to us providing you with the service immediately following your purchase, that you lose your right of withdrawal, and authorise Trixie to charge you automatically each month until you cancel.
Trixie's products may be subject to export control and economic sanctions laws of the European Union, the United Kingdom, the United States and other jurisdictions, including but not limited to Regulation 2021/821 as amended (EU Dual-Use Regulation), the UK Export Control Act 2002, and the UK Export Control Order 2008, the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control and the International Traffic in Arms Regulations maintained by the Department of State (collectively, "Trade Control Laws"). You represent and warrant that you are (1) not located in, organized under the laws of, ordinarily resident in any country or territory subject to territorial sanctions (collectively "Sanctioned Countries"), nor you are owned or you acting on behalf of a government subject to asset-blocking sanctions or any person or entity organized, located or ordinarily resident in a Sanctioned Country; and (2) not a person identified on, or more than 50% owned or controlled, directly or indirectly, by or acting on behalf or at the direction of any entity identified on, EU., UK., US., or other applicable government restricted party lists, such as the Consolidated list of persons, groups and entities subject to EU financial sanctions, or the UK Consolidated List, or Specifically Designated Nationals list maintained by the US government.
You agree to comply with all applicable Trade Control Laws in your use of Trixie's products or services. Specifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Trixie under these Terms to any destination, entity, or person or for any end-use prohibited by the Trade Control Laws. Trixie shall not be required to act in any way that is prohibited under applicable Trade Control Laws, and it shall be in the sole discretion of Trixie to refrain from being directly or indirectly involved in the provision of products or services that may be prohibited under applicable Trade Control Laws.
Trixie users may post, upload, or otherwise contribute content to the Trixie Service ("User Content"). For the avoidance of doubt, "User Content" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Trixie Service by users. This also includes all voice recordings by users and their characteristics.
You promise that, with respect to any User Content you post on Trixie, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by Trixie pursuant to the license granted below, does not: (i) violate these Terms, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by Trixie or other individual or entity without the prior express written consent from Trixie or such individual or entity.
You retain ownership of your User Content when you post it to the Service. However, in order for us to make your User Content available on the Trixie Service and to provide you with certain features and functions, we do need a limited license from you to that User Content. Accordingly, you hereby grant to Trixie a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Trixie Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
If you provide ideas, suggestions, or other feedback in connection with your use of the Trixie Service or any Content ("Feedback"), such Feedback is not confidential and may be used by Trixie without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.
You also grant to us the right (1) to allow the Trixie Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Trixie Service, and (2) to provide advertising and other information to you, and to allow our business partners to do the same.
At Trixie, we aim to create great and unique experiences for each user. In any part of the Trixie Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including Trixie's agreements with third parties.
Some Content licensed by, provided to, created by, or otherwise made available by Trixie may incorporate advertising, and Trixie is not responsible for any such advertising.
Trixie respects the rights of intellectual property owners. If you believe that any Content infringes your copyright, trademark or other intellectual property rights, please contact us at hello@wearetrixie.com
If you wish to speak with us, email us at hello@wearetrixie.com.
For customer support with account- and payment-related questions ("Customer Support Queries"), please contact us at hello@wearetrixie.com.
If you have any questions concerning the Trixie Service or these Terms (including any additional Trixie terms and conditions incorporated herein), please contact us at hello@wearetrixie.com.
These Terms will continue to apply to you until terminated by either you or Trixie. Trixie may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Trixie Service at any time if we reasonably believe you have breached any of these Terms, if we stop providing the Trixie Service or any material component thereof on reasonable notice to you, as we reasonably believe necessary to comply with applicable law, or if we reasonably believe there has been conduct that creates liability or material harm to any user, other third party, Trixie or our affiliates. If Trixie terminates these Terms or if Trixie suspends your access to the Trixie Service due to your breach of these Terms, if necessary to comply with applicable law or due to conduct that creates liability or material harm, you agree that Trixie shall, subject to applicable laws, have no liability or responsibility to you, and (except as expressly provided in these Terms) Trixie will not refund any amounts that you have already paid. If Trixie terminates these Terms because we stop providing the Trixie Service or a material component of it, Trixie will endeavour to provide you with notice of the termination including additional details about the termination such as when it will become effective.
You may terminate these Terms at any time, in which case you may not continue accessing or using the Trixie Service. To learn how to terminate your Trixie account, please contact us at hello@wearetrixie.com.
Sections 4 (Content and Intellectual Property Rights), 3 (Your Use of the Trixie Service), 2 (The Trixie Service Provided by Us), 6 (Problems and Disputes), 7 (About These Terms) herein, as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms, shall survive termination.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you and will not affect your statutory rights.
TRIXIE WILL PROVIDE THE TRIXIE SERVICE USING REASONABLE CARE AND SKILL AND IN ACCORDANCE WITH ANY SPECIFICATION OF THE TRIXIE SERVICE PROVIDED BY TRIXIE, HOWEVER, SUBJECT TO THAT, THE TRIXIE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, TRIXIE AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER TRIXIE NOR ANY OWNER OF CONTENT WARRANTS THAT THE TRIXIE SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, TRIXIE MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE TRIXIE SERVICE OR ANY HYPERLINKED WEBSITE, AND TRIXIE IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM TRIXIE SHALL CREATE ANY WARRANTY ON BEHALF OF TRIXIE. WHILE USING THE TRIXIE SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SUBJECT TO APPLICABLE LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE TRIXIE SERVICE IS TO UNINSTALL ANY TRIXIE SOFTWARE AND TO STOP USING THE TRIXIE SERVICE. YOU AGREE THAT TRIXIE HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE TRIXIE SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO TRIXIE, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.
IN NO EVENT WILL TRIXIE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE TRIXIE SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE TRIXIE SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO TRIXIE DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR (B) $30.00. ANY LIABILITY WE DO HAVE FOR LOSSES YOU SUFFER IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE.
For clarification, these terms do not limit Trixie's liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation and for any other liability that, by applicable law, may not be limited or excluded.
EXCEPT WHERE SUCH RESTRICTION IS PROHIBITED UNDER APPLICABLE LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. IF YOU ARE A CONSUMER, YOUR REMEDIES FOR A LACK OF CONFORMITY OF THE DIGITAL CONTENT OR DIGITAL SERVICE SUPPLIED BY TRIXIE REMAIN UNAFFECTED.
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and Trixie, and in no event shall these Terms create any third-party beneficiary rights.
If you have downloaded any of our mobile software applications (each, an "App") from the Apple Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Trixie only, not with Apple, and Apple is not responsible for the Trixie Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Trixie Service. In the event of any failure of the Trixie Service to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Trixie Service. Apple is not responsible for addressing any claims by you or any third party relating to the Trixie Service or your possession or use of the Trixie Service, including: (1) product liability claims; (2) any claim that the Trixie Service fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Trixie Service or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Trixie Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You agree to indemnify and hold Trixie harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) suffered or incurred by Trixie arising out of or related to: (1) your breach of any of these Terms (including any additional Trixie terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Trixie Service; and (4) your violation of any law or the rights of a third party.
Unless otherwise required by mandatory laws in your country of residence, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND TRIXIE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Trixie agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 6.3. is enforceable, the following mandatory arbitration provisions apply to you:
You and Trixie agree that any dispute, claim, or controversy between you and Trixie arising in connection with or relating in any way to these Agreements or to your relationship with Trixie as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding clause 6.3.1 above, you and Trixie both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court ,(2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
Either you or we may start arbitration proceedings. Any arbitration between you and Trixie will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the "ICC") then in force (the "ICC Rules") by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC.
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the relevant state or country described in clause 6.1, without regard to choice or conflicts of law principles.
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Trixie's address for Notice is: Trixie OOD, Krasno Selo 13, Sofia 1680, Bulgaria. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Trixie may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Trixie shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Trixie shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by Trixie in settlement of the dispute prior to the arbitrator's award; or (3) $1,000.00, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator's decision and award, neither you nor Trixie shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
In the event that Trixie makes any future change to this arbitration provision (other than a change to Trixie's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Trixie's address for Notice, in which case your account with Trixie shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
If the class action waiver at Section 6.2 is found to be unenforceable in arbitration or if any part of this Section 6.3 is found to be invalid or unenforceable, then the entirety of this Section 6.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 6.1 shall govern any action arising out of or related to the Agreements and you shall not be prevented from bringing proceedings at any time.
Under applicable law, you may have certain rights that can't be limited by a contract. These terms are in no way intended to restrict those rights.
We may make changes to these Terms (including any additional Trixie terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means (before they take effect), including by posting a revised Agreement on the applicable Trixie Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or other Trixie terms and conditions, incorporating such changes, or otherwise notified you of such changes. Your use of the Trixie Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Trixie Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.
Other than as stated in this section or as explicitly agreed upon in writing between you and Trixie, these Terms constitute all the terms and conditions agreed upon between you and Trixie and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions, guidelines and policies governing use of the Trixie Service are incorporated herein by reference.
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Trixie or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Trixie's or the applicable third-party beneficiary's right to do so.
Trixie may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.