Terms of service and end-user license agreement


PLEASE READ THE FOLLOWING TERMS OF SERVICE AND END-USER LICENSE AGREEMENT (“TERMS”) CAREFULLY BEFORE USING THE DUNYA ANALYTICS WEBSITE AND PLATFORM.

These Terms govern the relationship and serve as a legally binding agreement between you and Dunya Analytics PBC and its subsidiary(ies) (collectively, the “Dunya Analytics”, we” “our”, or “us”) and set forth the terms and conditions by which you may access and use the Dunya Analytics platform (the “Platform”), the Dunya Analytics website www.dunya-analytics.com (the “Website”) from which the Platform may be accessed, and any related software, including all content, features and functionality, and related services (collectively, the “Services”).  By clicking “I Agree,” selecting a relevant box to indicate your acceptance of these Terms, creating a Dunya Analytics Account to use the Website, or by using the Website in any way, you (as a “User”) expressly acknowledge that you have read, understand, accept and agree to be bound by these Terms, which form a binding agreement (“Agreement”) between you and Dunya Analytics.  Your use of the Services is conditioned on your acceptance without modification of these Terms.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE WEBSITE. 

ARBITRATION NOTICE: IF YOU DO NOT OPT OUT OF ARBITRATION AS OUTLINED IN SECTION XI BELOW (“DISPUTE RESOLUTION USING MEDIATION AND ARBITRATION”), YOU CONSENT TO RESOLVING DISPUTES BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION. BY AGREEING TO THIS, YOU RELINQUISH YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS DETAILED FURTHER IN SECTION XI. WE PROVIDE INFORMATION ON EXCEPTIONS AND HOW TO OPT OUT OF ARBITRATION IN SECTION XI OF THESE TERMS.  

1. CHANGES

The Services undergo continuous development, and we retain the right to amend or eliminate any portion of these Terms at any time and in our sole discretion, without prior notification.  You are therefore responsible for regularly reviewing these Terms. Should these Terms change materially, we will post notice of modifications to these Terms as an email, and/or notice in the Terms.  If you do not agree to any modified terms, you must stop all use of the Services. Unless specified otherwise, any new content, services, or features incorporated into the Services is bound by these Terms upon its posting on the Website. Your continued use of the Services following the posting of any changes to these Terms signifies your acceptance of the modified Agreement. 

2. PRIVACY & SECURITY

Dunya Analytics is subject to U.S. data protection laws when collecting and processing personal data. The use of the Services is subject to the Privacy Policy of Dunya Analytics.  By using the Services, you consent to the collection, use, maintenance, and transfer of the information (including personally identifiable information) that you provide to us in accordance with the terms of such Privacy Policy.   A copy of the Privacy Policy can be found at www.dunya-analytics.com.   

3. ACCESS AND USE OF THE SERVICES

a. Account and Personal Information

To take full advantage of all the functions and features of the Services, including the Platform, you must create an account (“Dunya Analytics Account”).  Upon creating a Dunya Analytics Account, you establish a direct customer relationship with us as we grant to you access to various functionalities of the Platform and the Website.  Within this relationship, you furnish to Dunya Analytics details such as the following information: (i) name; (ii) email address; (iii) phone number; (iv) entity name (if you are using the Services on behalf of an organization or business); and (v) role or title in such organization of business. It is a condition of your use of the Services that all the information you provide is correct, current and complete.  All information submitted is subject to our Privacy Policy. Please read our Privacy Notice to understand our practices.

b. Passwords and Security

If you use the Services, you are responsible for maintaining the confidentiality of your Dunya Analytics Account information, usernames, passwords ("Account Information") and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). You agree not to and agree not to attempt to (i) falsify or misrepresent your identity or any Account Information, (ii) create an account for another person, (iii) access, use, or interfere with an account other than your own. You are entirely responsible for all activity occurring under your Account Information, regardless of whether such activity is caused by you or by a third party using your Account Information, even if you have not sanctioned such third-party use. Dunya Analytics reserves the right in its sole discretion to refuse access to the Services provided through it, terminate accounts and usage rights, edit, or remove content and cancel requests for materials made through the Services.  Violations of this Agreement may lead to criminal and/or civil penalties being imposed against you. Dunya Analytics reserves the right to investigate any alleged or suspected violations, and if criminal activity is suspected, Dunya Analytics may collaborate with law enforcement authorities in their inquiries.

If you suspect there has been or will be unauthorized use under your Dunya Analytics Account, you shall immediately (i) change your password and (ii) notify Dunya Analytics.

c. Platform and Website Use

Except as set forth in these Terms and unless you have entered into a separate agreement with Dunya Analytics expressly permitting such action, you shall not use, copy, distribute, disclose, trade, sell, rent, loan, republish, reproduce, modify, or download any content on the Website, including the Platform, by any means.

Dunya Analytics grants you a limited license to access and make use of the Services as permitted herein, including the Website and Platform. In accordance with these Terms, you are not permitted to download any material (including, without limitation, software, text, graphics or other content), except for printing single copies of pages, as necessary to access the Platform or Website (for personal, non-competitive and non-commercial use provided that all copyright and proprietary notices are maintained), frame, link to any page within or modify all or part of the Platform or Website without Dunya Analytics’ express written consent. You may not redistribute, sell, monetize, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form software from the Platform or Website hereunder, except as may be permitted by law. Except only as expressly provided herein, the Website (or any derivative work version of it), Platform, and their contents, may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial or competitive purpose without Dunya Analytics’ prior express written consent. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.

d. Updates

We reserve the right to add and/or remove features or functions to the Services, including the Platform and Website.  These Terms apply to all updates to the Services, unless Dunya Analytics provides other terms along with the updates. 

e. Third-Party Software

The Services may include software that is licensed to Dunya Analytics by third-party licensors (“Third-Party Software”). Third-Party Software is redistributed by Dunya Analytics under the terms of the applicable license for the Third-Party Software. The parties who license Third-Party Software to Dunya Analytics (collectively, “Third-Party Licensors”) will not be responsible for any liability arising from your use of the Services, and they will not provide any support or information relating to the Services. All Third-Party Licensors are third party beneficiaries of these Terms. 

f. Jurisdictional Issues, Legal Compliance and Export Regulation

Unless otherwise specified, the materials on the Services are presented solely for the purpose of providing customers with the tools and insights they need to redesign operations, aligning financial success with positive social and environmental outcomes. Dunya Analytics makes no representation that materials on the Services are appropriate or available for use in any particular location. Those who choose to access the Website and Platform or do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  The Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Services available outside the US.  

g. Restrictions On Use

You must not, whether directly or indirectly: 

  1. use or reproduce any portion of the Platform in source code format;

  2. translate, reverse engineer, decompile, or disassemble the Platform, except to the extent that this restriction is expressly permitted by applicable law;

  3. rent, sell, lease, loan, sub-license, distribute, assign, or transfer the Services; 

  4. modify, create any derivative work from, or merge all or any part of the Services with another program; 

  5. download, publish, send by e-mail, or transmit any information or contents through the Services that could infringe or violate the intellectual property, brand, license or other rights of another party;

  6. transmit any virus, trojan horse, worms or other destructive elements through the Services, or circumvents or overrides security features; 

  7. use the Services to violate any law, regulation, statute, ordinance or regulation, or these Terms; 

  8. remove legal notices or attributions from content;

  9. register or subscribe others without authorization;

  10. create liability for Dunya Analytics, our affiliates, or our service providers, or cause us to lose (in whole or in part) the services of any of our service providers;

  11. use the Services in a manner that impacts another party’s use and enjoyment of the Services; or

  12. results in the scraping or copying of information, data, or content.

You are wholly liable and responsible for any loss or damage caused by or resulting from your unauthorized conduct under these Terms. Dunya Analytics is not liable and has no responsibility to you or to any third party for any loss or damage caused by, arising out of, or resulting from your unauthorized conduct under these Terms. 

Dunya Analytics reserves all rights to investigate occurrences that may involve violations of the security of the use of the Services, and Dunya Analytics may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify support@dunya-analytics.com. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access. If you commit or cause such violations, Dunya Analytics may suspend or terminate your access to the Services for any or no reason at any time without notice.

4. PROPRIETARY RIGHTS AND LICENSES

a. Content

The Platform, Website, Third Party Data Sets (as defined below), Derivative Data (as defined below), and their entire contents, including, but not limited to, text, graphics, data, photographic images, logos, moving images, sound, illustrations, software, editorial content, results, database information, and the selection and arrangement thereof (collectively, “Content"), is the sole property of Dunya Analytics, its licensors, or its third-party image partners and all rights are reserved. You acknowledge and agree that all the intellectual property rights, including copyrights, patents, trademarks, service marks, and logos in the Content is owned by Dunya Analytics or its licensors or providers.  Neither these Terms, nor your access to or use of the Services, transfers to you or any third-party any rights, title, or interest in or to such intellectual property rights.  Dunya Analytics’ and its licensors’ Content may not be reproduced in any way without the prior written permission of Dunya Analytics or the owner of the intellectual property.  Dunya Analytics shall bear no responsibility whatsoever for unauthorized copying and/or use of any material property of third parties on the Services.  Nothing in the Services is designed to grant any license or right to use any names, logos, pictures or trademarks. No act of downloading or otherwise copying or reproducing from the Services will transfer title to you to any Content.

b. Your Data and Aggregated Data

As between you and Dunya Analytics, except for Aggregated Data, you own all right, title, and interest, including all intellectual property rights, in and to Your Data. As used herein: (i) “Your Data” means information and data, and other content, in any form or medium, that you submit or otherwise transmitted through the Services; and (ii) “Aggregated Data” means data and information related to your use of the Services that is used by Dunya Analytics in an aggregate, deidentified and/or anonymized manner, including to compile statistical and performance information related to the Services.

You hereby grant to Dunya Analytics a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display Your Data and perform all acts with respect to the Your Data as may be necessary for Dunya Analytics to provide the Services to you, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display Your Data incorporated within the Aggregated Data. Except as expressly provided herein, Dunya Analytics agrees to hold Your Data in confidence. 

c. Third Party Data Sets 

You acknowledge and agree that Dunya Analytics may provide to you, in connection with your use of the Services, certain datapoints that originate from Third Party Data Sets. As used herein, “Third Party Data Sets” means third party datasets that describe various aspects of nature and biodiversity.  We may provide to you certain datapoints from such Third Party Data Sets in connection with your use of the Services, including the Platform. 

You acknowledge and agree that all datapoints from Third Party Data Sets and Derivative Data made available to you through the Services are subject to CC BY-SA Attribution-ShareAlike license restrictions (the “Third Party Data License Obligations”). You agree that you are solely responsible for compliance with the Third Party Data License Obligations and that you will indemnify and hold Dunya Analytics harmless from any and all claims, damages, costs, and attorneys’ fees arising out your failure to comply with the Third Party Data License Obligations. Dunya Analytics agrees you may commercially use the data from the Third Party Data Sets only as follows:

  • Your business strategy and operations; and

  • Provision of consultancy or advisory services with respect to third parties' business strategy and operations,

  • Each of the foregoing including and limited to the following target work products:

    • corporate environmental footprints;

    • product footprints and life cycle assessments;

    • climate or nature roadmaps;

    • greenhouse gas emissions reporting;

    • CSR or ESG reporting;

    • supplier engagement programs;

    • procurement strategies;

    • investment strategies; and

    • internal and external communications.

For clarity, data from Third Party Data Sets must not be used under any circumstance for any commercial use other than those expressly permitted above, including in commercial databases, tools, services or software.

d. Derivative Data 

As used herein, “Derivative Data” means any data derived from the Third Party Data Sets or any other third party data by the Services, including the Platform. You acknowledge and agree that Dunya Analytics and its licensors are the sole and exclusive owners of all rights in and to such Derivative Data. Derivative Data may:

  • be used for the your internal business purposes;

  • be used for the additional commercial purposes set out above with respect to Third Party Data Sets;

  • not be used for any other commercial purpose;

  • not be copied for, published or otherwise made available to any third-party;

  • not be integrated into other bodies of data such as public or commercial databases, tools, services or software.

5. COMMUNICATIONS

By accepting this Agreement, you acknowledge and agree that you may receive from Dunya Analytics email communications to the email address you provide, including for marketing and event registration purposes. You can unsubscribe at any time by clicking on the “unsubscribe” link in each email. However, we will continue to send you service-related messages.  

6. SUBMISSIONS

Any comments, reviews, postings, email messages or materials, or any creative suggestions, ideas, notes, drawings, concepts or other information sent to Dunya Analytics via the Services,  shall be collectively referred to as "Submissions." For clarity, Submissions shall not include Your Data. If you transmit or otherwise deliver Submissions to Dunya Analytics, you grant Dunya Analytics a nonexclusive, royalty-free, perpetual, irrevocable (or the longest period permitted under law) license (with the right to sublicense and assign) to exploit, use, reproduce, modify, adapt, publish, translate, publicly perform and display, transmit, make, sell, create derivative works from and distribute such Submissions or incorporate such Submissions into other works in any form or medium and through any means or modes of distribution or technology now known or hereafter developed. You hereby agree and represent to Dunya Analytics that you own or have been granted the necessary intellectual property and other rights in the Submissions (including, without limitation, a waiver of any applicable moral rights) to grant such license to Dunya Analytics, that no such Submissions are, or shall be, subject to any obligation of confidence on the part of Dunya Analytics and that Dunya Analytics shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Dunya Analytics shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial, or otherwise, without compensation to the provider of the Submissions. You agree that no Submission made by you will contain libelous, abusive, obscene, or otherwise unlawful material and you acknowledge and agree that you are exclusively liable for the content of any Submission made by you.

Dunya Analytics retains the authority to conduct periodic monitoring of the overall usage of the Services at its sole discretion. Dunya Analytics may remove any Submissions or other materials that, in its sole judgment, appear to be unlawful, could expose Dunya Analytics to liability, contravene this Agreement, or are deemed by Dunya Analytics to be inconsistent with the intended purpose of the Services, and may suspend or terminate your access to the Services without giving notice or reasons thereof.

7. DISCLAIMER

Dunya Analytics has taken all reasonable care that the information contained within the Services is accurate at the time of publication, however no representation or guarantee (including liability towards third parties), expressed or implied, is made as to its accuracy, reliability or completeness.

Therefore, Dunya Analytics and its Directors, employees, content providers, agents, affiliates assume no liability for the use or interpretation of information contained herein. Your use of the Services is on an "AS IS" and "AS AVAILABLE" BASIS AND AT YOUR SOLE RISK, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND TERMS AND CONDITIONS OF MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

In particular, Dunya Analytics assumes no responsibility for, and makes no guarantees that (i) the Services will meet your requirements, (ii) services and functions on the Website, the App, or the Platform will be uninterrupted, timely, secure or error-free, (iii) results that may be obtained from the use of the Services will be accurate or reliable, (iv) defects will be corrected, or (v) the Platform, the App, the Website or the servers that make it available will be free of viruses or other harmful elements.

Any material downloaded or otherwise obtained through the use of the Platform or Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

8. INDEMNITY

As a condition of use of the Services, you agree to indemnify Dunya Analytics and its affiliates, officers, employees and agents from and against any and all liabilities, expenses (including, without limitation, attorneys' fees and expenses) and damages arising out or relating to of claims resulting from: (i) your violation of these Terms; (ii) your use of the Services; (iii) your violation of applicable laws, regulations, or third-party rights; and (v) your willful misconduct, fraud, or negligence. This Indemnification section shall survive termination of these Terms.  

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DUNYA ANALYTICS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF DUNYA ANALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY INFORMATION OR CONTENT MADE ACCESSIBLE THROUGH THE PLATFORM OR THE WEBSITE, OR ANY SERVICES RENDERED OR PRODUCTS OFFERED BY DUNYA ANALYTICS AND THIRD PARTIES WHETHER ARISING FROM WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES, LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DUNYA ANALYTICS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR MEMBERSHIP IN DUNYA ANALYTICS.  IF APPLICABLE LAW DOES NOT ALLOW US TO DISCLAIM IMPLIED WARRANTIES OR LIMIT OUR LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTIES, AND THE EXTENT OF OUR LIABILITY, WILL BE THE MINIMUM PERMITTED BY LAW. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WRITTEN NOTICE OF ANY CLAIM OR DISPUTE MUST BE PROVIDED TO DUNYA ANALYTICS WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.  

THIS LIMITATION OF LIABILITY SECTION SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.  

10. TERMINATION

Unless otherwise specified, these Terms are effective until terminated by either party. Your access to any of the Services may be terminated at any time and for any reason without prior notice.  This includes instances such as violations of these Terms, termination of our agreements with service providers, or discontinuation of the products or services. 

You may terminate at any time by emailing support@dunya-analytics.com and discontinuing use of the Services. The obligations and liabilities incurred prior to the termination date shall survive the termination of these Terms for all purposes.

You agree that upon termination of your access to or use of the Services under this Agreement, you will not attempt to access or use the Services under any name, real or assumed. Furthermore, you agree to indemnify and hold harmless Dunya Analytics from any liability incurred as a result of any violation of this restriction following termination. 

Certain provisions of these Terms, including those pertaining to prohibited activities, copyrights, trademarks, user Submissions, disclaimers, liability limitations, arbitration, dispute resolution, indemnity, and jurisdictional matters, will remain in effect even after termination.  Subject to the terms of the Privacy Policy and any legal obligations, we are not obligated to return or provide you or any third party with any Submissions, Content, information provided by you or your Service Providers, or any other information related to you, whether before or after termination of your use of the Services.

11. DISPUTE RESOLUTION USING MEDIATION AND ARBITRATION 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES BETWEEN YOU AND DUNYA ANALYTICS THROUGH MEDIATION AND ARBITRATION. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

You acknowledge and agree that any violation of these Terms relating to the disclosure, use, copying, distribution, display, or publishing of the information and/or content on the Services may result in irreparable injury and damage to Dunya Analytics that may not be adequately compensable in money damages, and for which Dunya Analytics will have no adequate remedy at law. You, therefore, consent and agree that Dunya Analytics may obtain injunctions, orders, or other equitable relief as may be reasonably necessary to ensure compliance with these Terms. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or other equitable relief.

This Dispute Resolution section will survive termination of these Terms.

Mediation and Arbitration

Unless the parties otherwise mutually agree in writing, you agree to resolve all disputes, claims and controversies (including without limitation the arbitrability thereof) between you and Dunya Analytics, or any of their officers, members, managers, employees, parent, subsidiary or affiliated entities, successors and assigns (collectively, the “Dunya Analytics Parties”), including without limitation disputes, claims, or controversies arising out of or relating to these Terms, the Services (including the Platform and Website), Your Data, Content, or any other matter in dispute between you and any of the Dunya Analytics Parties, by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in effect on the date of commencement of the arbitration. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree that any of the Dunya Analytics Parties may enforce this agreement to require You to arbitrate.  The arbitration hearing shall take place in Delaware, at the offices of counsel for Dunya Analytics.  At least 120 days before the arbitration hearing, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration.  The parties shall bear their own attorneys’ fees and their own mediation, litigation, and arbitration expenses, and the arbitrator shall have no authority to award or redistribute such fees and expenses to any party to the arbitration.  This agreement to arbitrate shall be subject to the Federal Arbitration Act.

If Dunya Analytics makes any changes to the Mediation and Arbitration Section of these Terms (other than a change to the address at which Dunya Analytics will receive notices of dispute, opt-out notices or rejections of future changes to the Dispute Resolution and Arbitration Section), you may reject any such change by sending us written notice within 30 calendar days of the change to: 112 French Street, Wilmington, DE 19801, USA.  It is not necessary to send us a rejection of a future change to the Mediation and Arbitration Section of these Terms if you had properly opted out of the arbitration and group litigation waiver provisions in this Section XI within the first 30 calendar days after you first accepted these Terms. If you have not properly opted out of the arbitration class action waiver provisions in this Section XI, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject.

Class Action Waiver and Jury Trial Waiver

YOU AND DUNYA ANALYTICS EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND DUNYA ANALYTICS AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, YOU AND DUNYA ANALYTICS RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DUNYA ANALYTICS WAIVE THE RIGHT TO A JURY TRIAL. THIS CLASS ACTION AND JURY TRIAL WAIVER WILL SURVIVE ANY TERMINATION OF THESE TERMS.

30-Day Opt-Out Period

If you do not wish to be bound by the arbitration and class-action waiver provisions in these Terms, you must notify Dunya Analytics in writing within 30 calendar days of the date that you first accept these Terms (unless a longer period is required by applicable law). Your written notification must be mailed to Dunya Analytics at the following address: 112 French Street, Wilmington, DE 19801, USA. If you do not notify Dunya Analytics in accordance with this Section, you agree to be bound by the arbitration and class action waiver provisions of these Terms, including such provisions in any Terms revised after the date of your first acceptance. Such notification must include: (a) your name, (b) your mailing address and (c) a statement that you do not wish to resolve disputes with Dunya Analytics through arbitration. This notification affects these Terms only; if you previously entered into other arbitration agreements with Dunya Analytics or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these

Governing Law and Jurisdiction

The validity, interpretation, construction, and execution of these Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law rules. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions. If any claim is determined not to be subject to arbitration, the exclusive jurisdiction and venue for proceedings concerning such claim, as well as for any action challenging the enforceability of these Terms in whole or in part, shall be the federal or state courts of competent jurisdiction sitting within Delaware (the “Forum”) and the parties hereby waive any argument that the Forum or any court within it does not have personal jurisdiction and any argument that the Forum is not appropriate or convenient. This Governing Law and Jurisdiction section will survive any termination of these Terms.

Notice to California Consumers

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

12. MISCELLANEOUS

Unless otherwise specified, these Terms constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and us. The section headings in these Terms are for convenience only and must not be given any legal import. If any provision of these Terms is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect. Dunya Analytics’ failure to enforce any provisions of these Terms or respond to a breach by you or another user shall not serve to waive our right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.