Terms of Service

Updated: December 15, 2023

These Terms of Use apply when you use the services of Fall in MalayaLove (“Services”). The Terms include our Service Terms, Sharing & Publication Policy, Usage Policies, and other documentation, guidelines, or policies we may provide in writing. By using our Services, you agree to these Terms. Our Privacy Policy explains how we collect and use personal information.

Registration and Access

To use the Services provided by Fall in MalayaLove, you must be at least 13 years old. If you are under 18, you must obtain permission from your parent or legal guardian to use the Services. If you are using the Services on behalf of another individual or entity, you must have the necessary authority to accept the Terms on their behalf. It is important to provide accurate and complete information during the registration process. You are prohibited from sharing your access credentials or account with individuals outside your organization. You are solely responsible for all activities conducted using your credentials.

Usage Requirements

(a) Use of Services: You have the right to access and use the Services offered by Fall in MalayaLove in accordance with these Terms. When using the Services, you must comply with these Terms as well as all applicable laws. Fall in MalayaLove and its affiliates retain all rights, title, and interest in and to the Services.

(b) Feedback: We greatly appreciate receiving feedback, comments, ideas, proposals, and suggestions for improving our Services. If you provide any of these contributions, we may use them without any restrictions or obligations to compensate you.

(c) Restrictions: You are prohibited from engaging in the following activities: (i) using the Services in a manner that infringes upon, misappropriates, or violates the rights of others; (ii) attempting to reverse assemble, reverse compile, decompile, translate, or otherwise discover the source code or underlying components of the Services’ models, algorithms, and systems (except to the extent that such restrictions are contrary to applicable law); (iii) using the output from the Services to develop models that directly compete with Fall in MalayaLove; (iv) using any automated or programmatic methods, except as permitted through the API, to extract data or output from the Services, including activities such as scraping, web harvesting, or web data extraction; (v) misrepresenting the output from the Services as being human-generated when it is not, or otherwise violating our Usage Policies; (vi) buying, selling, or transferring API keys without obtaining our prior consent; or (vii) sending us any personal information regarding children under 13 years old or under the applicable age of digital consent. You must also adhere to any rate limits and other requirements specified in our documentation. The use of the Services is limited to the geographies currently supported by Fall in MalayaLove.

(d) Third-Party Services: Any third-party software, services, or other products that you utilize in connection with the Services are subject to their own terms and conditions. Fall in MalayaLove is not responsible for any third-party products and services.

(e) All title, ownership and intellectual property rights, including the rights to copyright, trademarks, service marks and logos (collectively, the “Intellectual Property”) are vested to FIM and its founders Julie George and Matt George (“founders”). Nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property without the written permission of FIM.

We highly value our relationship with our subscribers and strive to provide an exceptional experience. If you have any questions or concerns regarding our Subscription Policy, please contact our customer support team, and we will be happy to assist you.

Indemnification; Disclaimer of Warranties; Limitations on Liability

(a) Indemnity: You agree to defend, indemnify, and hold harmless Fall in MalayaLove, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.

(b) Disclaimer: THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, FALL IN MALAYALOVE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

(c) Limitations of Liability: NEITHER FALL IN MALAYALOVE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Term and Termination

(a) Termination; Suspension: These Terms become effective upon your initial use of the Services and remain in effect until terminated. You have the right to terminate these Terms at any time and for any reason by ceasing the use of the Services and Content. We reserve the right to terminate these Terms for any reason by providing you with at least 30 days’ advance notice. Additionally, we may terminate these Terms immediately upon notifying you if you materially breach Sections 2 (Usage Requirements), 5 (Confidentiality, Security and Data Protection), 8 (Dispute Resolution), or 9 (General Terms), if there are changes in relationships with third-party technology providers beyond our control, or to comply with applicable law or government requests. In case of non-compliance with these Terms, if your use poses a security risk to us or any third party, or if we suspect fraudulent activity or potential liability to us or any third party, we may suspend your access to the Services.

(b) Effect on Termination: Upon termination, you are required to discontinue the use of the Services and promptly return or, if instructed by us, destroy any Confidential Information. The sections of these Terms that, by their nature, should survive termination or expiration will remain in effect, including but not limited to Sections 3 and 5-9.

Dispute Resolution

(a) Mandatory Arbitration: You and Fall in MalayaLove agree to resolve any past or present claims relating to these Terms or our Services through final and binding arbitration, except that you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by filling out this form within 30 days of agreeing to these arbitration terms or the relevant changes.

(b) Informal Dispute Resolution: We aim to understand and address your concerns before resorting to formal legal action. Before filing a claim against Fall in MalayaLove, you agree to attempt resolving the dispute informally by notifying us at hello@fallinmalayalove.com. Your notice should include your name, a description of the dispute, and the relief you seek. If we are unable to resolve the dispute within 60 days, you may initiate a formal proceeding. The 60-day resolution process tolls any applicable statute of limitations. If you reside in the EU, you can access the European Commission’s online dispute resolution platform at https://ec.europa.eu/consumers/odr.

(c) Arbitration Forum: Either party may commence binding arbitration through ADR Services, an alternative dispute resolution provider. The arbitration fees will be shared equally by both parties. If the arbitrator determines that you are unable to afford the arbitration fees and cannot obtain a waiver, Fall in MalayaLove will cover them on your behalf. Fall in MalayaLove will not seek its attorneys’ fees and costs in arbitration unless the arbitrator deems your claim frivolous.

(d) Arbitration Procedures: The arbitration will be conducted by telephone, based on written submissions, video conference, or in person in San Francisco, California, or at another mutually agreed location. A sole arbitrator appointed by ADR Services, following their prevailing rules, will oversee the arbitration. The arbitrator has authority to decide all issues, except for a California court’s jurisdiction in determining (i) the scope, enforceability, and arbitrability of this Section 8, including the mass filing procedures outlined below, and (ii) your compliance with the pre-arbitration requirements in this section. The settlement offer amount will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.

(e) Exceptions: This arbitration section does not apply to (i) individual claims brought in small claims court, and (ii) claims seeking injunctive or other equitable relief to prevent unauthorized use or abuse of the Services or intellectual property infringement.

(f) No Class Actions: Disputes must be brought on an individual basis only and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. If, for any reason, a dispute proceeds in court instead of arbitration, both parties knowingly and irrevocably waive their right to a trial by jury in any action, proceeding, or counterclaim. However, this does not prevent either party from participating in a class-wide settlement of claims.

(g) Mass Filings: If, at any time, 30 or more similar demands for arbitration against Fall in MalayaLove or related parties are asserted by the same or coordinated counsel or entities (“Mass Filing”), ADR Services will assign sequential numbers to each of the Mass Filings randomly. Claims numbered 1-10 will be referred to as the “Initial Test Cases” and will proceed to arbitration first. The arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference, unless the claims are resolved beforehand or the parties agree to extend the deadline. Following this, the parties will have 90 days (the “Mediation Period”) to resolve the remaining cases through mediation based on the awards from the Initial Test Cases. If the outstanding claims are not resolved during this period, the parties may choose to opt out of the arbitration process and proceed in court by providing written notice to the other party within 60 days after the Mediation Period. Otherwise, the remaining cases will be arbitrated in their assigned order. The statute of limitations will be tolled from the time the Initial Test Cases are chosen until your case is selected as described above.

(h) Severability: If any part of this Section 8 is found to be illegal or unenforceable, the remaining provisions will remain in effect, unless a finding of partial illegality or unenforceability would permit Mass Filing, class or representative arbitration. In such cases, this Section 8 will be deemed unenforceable in its entirety. Nothing in this section waives or limits the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.