TERMS OF USE OF THE ONGEO PLATFORM
Effective Date: July 24, 2026
These Terms of Use of the Platform (the "Terms" or "Terms of Use") govern the use of the online platform available at https://ongeo.us (the "Platform"), operated by OnGeo LLC, a limited liability company organized under the laws of the State of Delaware, with its registered office at 8 The Green, Suite E, Dover, Delaware 19901, USA ("OnGeo," "Company," "we," "us," or "our").
Please read these Terms carefully before using the Platform. By creation of an Account, purchasing a Subscription, purchasing a Report, or otherwise accessing or using any functionality of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you must not access or use the Platform or any services provided through it.
1. Definitions
For purposes of these Terms, the following terms shall have the meanings set forth below:
a. Account – an individual user account created on the Platform that enables a User to access and use the Services.
b. License – a non-exclusive, limited, revocable, and non-transferable right to access and use the Platform and the materials made available through it in accordance with these Terms.
c. Billing Period – the monthly or annual period for which the Subscription fee is charged.
d. OnGeo Studio – a Platform functionality enabling Users to access and use the tools and Services offered by OnGeo.
e. Platform – the website available at https://ongeo.us , together with all of its features.
f. Report – a digital product made available through the Platform containing information relating to real property, cadastral parcels, or other public data available as part of the Services.
g. Terms – these Terms of Use of the Platform.
h. Subscription – paid access to the Platform provided on a recurring basis (monthly or annually), which renews automatically until canceled by the User.
i. Services – all digital Services provided by OnGeo through the Platform, including, without limitation, Reports, OnGeo Studio, user accounts, Subscriptions, and other Platform features.
j. User – any natural person or legal entity using the Platform.
k. Agreement – the legally binding agreement between OnGeo and the User governing the access to and use of the Platform and the Services, consisting of these Terms together with any documents expressly incorporated herein by reference.
2. Information About OnGeo
2.1. The owner and operator of the Platform is:
OnGeo LLC
8 The Green, Suite E
Dover, Delaware 19901
United States of America
EIN: 32-0757417
File Number (FN): 2652875
Email: CONTACT@ONGEO.COM
2.2. The Platform is provided as a Software as a Service (SaaS) solution that enables Users to access and use the digital Services and products offered by OnGeo.
2.3. The Services are provided via the Internet and require an active Internet connection.
3. Scope of the Services
3.1. The Platform enables Users, in particular, to:
a) purchase individual Reports;
b) purchase a Subscription;
c) access and use Reports as part of an active Subscription;
d) access and use the features of OnGeo Studio under an eligible active Subscription;
e) manage their User Account; and
f) use other digital Services made available by OnGeo.
3.2. The functionality available to a User depends on the selected Subscription plan.
3.3. OnGeo may periodically introduce new features, remove existing features, or modify the scope of the Services in order to improve the Platform, enhance security, ensure compliance with applicable law, or further develop the Platform.
3.4. Unless otherwise required by mandatory applicable law, any modification of the Platform's features shall not entitle the User to any refund, compensation, or damages.
4. User Account
4.1. Browsing the Platform and purchasing an individual Report do not require the creation of an Account. However, access to the full functionality of the Platform requires the creation of an Account or the purchase of a Subscription.
4.2. When creation of an Account, the User shall provide accurate, complete, and up-to-date information.
4.3. The User is responsible for maintaining the confidentiality of their login credentials and for all activities conducted through their Account.
4.4. The User agrees not to share their Account with any third party unless the selected Subscription plan expressly permits access by multiple users.
4.5. OnGeo may refuse to create an Account or may suspend or terminate an Account if:
a) the information provided during registration is false or inaccurate;
b) the User violates these Terms;
c) the User's use of the Platform violates applicable law; or
d) the Account is used for activities that threaten the security of the Platform or other Users.
5. Technical Requirements
5.1. In order to use the Platform, the User must have:
- a device capable of accessing the Internet;
- a current version of a web browser;
- an active email address; and
- the ability to receive electronic communications.
5.2. OnGeo shall not be liable for any limitations resulting from the User's failure to satisfy the above technical requirements.
6. Subscription Plans
6.1. The Platform offers paid access to the Services on a subscription basis. The following Subscription plans are currently available:
a) Basic;
b) Pro;
c) Enterprise.
6.2. The scope of available features, applicable usage limits, and the price of each Subscription plan are displayed on the Platform at the time the order is placed.
6.3. OnGeo may periodically introduce new Subscription plans, discontinue existing plans, or modify the functionality of existing plans. Such changes shall not affect any Billing Period that has already been paid for unless the User expressly agrees to the changes or applicable law requires otherwise.
6.4. Regardless of any Subscription, OnGeo may also offer individual Reports or other digital products for purchase without requiring the User to subscribe to a Subscription plan.
7. Formation of the Agreement
7.1. The Agreement is formed when:
a) the successful creation of an Account, with respect to the use of free Platform features;
b) successful payment for a Subscription; or
c) successful payment for an individual Report or another digital service.
7.2. Before placing an order, the User has the opportunity to review the applicable price, the scope of the Services, the billing frequency, and the terms governing the automatic renewal of the Subscription.
7.3. By completing a purchase, the User confirms that they have read these Terms and agree to be bound by them.
If the User resides in a jurisdiction whose laws grant mandatory consumer rights—including, without limitation, the European Union, the United Kingdom, Australia, Canada, or certain states of the United States—such rights shall apply notwithstanding these Terms, and nothing in these Terms is intended to limit or exclude any such mandatory rights.
7.4. These Terms do not grant the User any contractual right to withdraw from the Agreement or to obtain a refund of any fees paid, unless mandatory laws applicable in the User's country of habitual residence provide otherwise.
7.5. If the User's habitual residence is located within the European Union or the United Kingdom, the User may be entitled to a statutory right to withdraw from the agreement for the supply of digital Services within fourteen (14) days from the date of its conclusion, in accordance with applicable mandatory law.
By commencing use of the Services, the User expressly requests that the Services begin before the expiration of the applicable withdrawal period and acknowledges that, where permitted under applicable law, including Article 16(m) of Directive 2011/83/EU of the European Parliament and of the Council on Consumer Rights, the User loses the statutory right to withdraw from the Agreement once performance of the Services has commenced.
7.6. Acceptance of these Terms constitutes the User's following declaration:
"I expressly request that the Services begin before the expiration of the applicable withdrawal period. I acknowledge that, where provided by applicable law, once performance of the Services has commenced, I lose my statutory right to withdraw from the Agreement."
8. Payments
8.1. Payments for the Services are processed through the Stripe payment platform.
8.2. OnGeo does not store Users' complete payment card information. Payment information is processed by Stripe in accordance with its own terms of service and privacy policy.
8.3. The User is responsible for ensuring that the selected payment method remains valid and is capable of processing all applicable charges.
8.4. If payment cannot be successfully processed, OnGeo may:
a) retry charging the selected payment method;
b) suspend the User's access to the Services;
c) limit the functionality of the User's Account; or
d) terminate the Agreement in the event of prolonged non-payment.
8.5. All prices displayed on the Platform are displayed exclusive or inclusive of applicable taxes, as indicated during the checkout process. Where applicable law requires the collection of taxes or other mandatory charges, such amounts shall be added in accordance with applicable legal requirements.
9. Currency and Pricing
9.1. Prices for the Services may be displayed in different currencies depending on the User's location or the payment options made available by the payment processor.
9.2. The price displayed during the final checkout process shall constitute the binding purchase price.
9.3. Any currency conversion fees, banking fees, foreign transaction fees, or other charges associated with the selected payment method are the responsibility of the User's bank, payment processor, or payment card issuer.
9.4. OnGeo shall not be responsible for the amount of such fees or for the exchange rates applied.
10. Automatic Renewal of Subscriptions
10.1. All paid Subscriptions renew automatically at the end of each Billing Period unless canceled by the User before renewal.
10.2. By purchasing a Subscription, the User authorizes recurring charges for each subsequent Billing Period until the Subscription is effectively canceled.
10.3. Each renewal charge will be billed using the same payment method that was used for the original purchase unless the User designates another payment method.
10.4. Where required by applicable law, OnGeo will provide advance notice of an upcoming automatic renewal within the timeframes required by such law.
10.5. The User may disable automatic renewal at any time through the Account settings.
10.6. Cancellation of a Subscription does not immediately terminate access to the Services. The User shall retain access until the end of the paid Billing Period.
11. Subscription Upgrades and Downgrades
11.1. The User may change their Subscription plan at any time.
11.2. If the User upgrades to a higher-tier Subscription plan ("Upgrade"), the change becomes effective immediately upon successful payment.
11.3. In the event of an Upgrade, the fee for the current Billing Period shall be calculated on a pro rata basis, taking into account the unused portion of the previous Subscription plan.
11.4. If the User changes to a lower-tier Subscription plan ("Downgrade"), the change shall become effective at the beginning of the next Billing Period.
11.5. Any credit resulting from a Downgrade shall be applied toward future Subscription charges and shall not be refundable in cash.
12. Cancellation of a Subscription
12.1. The User may cancel a Subscription at any time through the Account settings.
12.2. Upon successful cancellation:
a) no further Subscription charges will be collected;
b) the Subscription will remain active until the end of the paid Billing Period; and
c) access to paid features will terminate upon expiration of the applicable Billing Period.
12.3. Deletion of an Account shall not constitute cancellation of an active Subscription unless the Platform expressly provides such functionality.
13. Refund Policy
13.1. Unless otherwise required by mandatory applicable law, all fees paid to OnGeo are final and non-refundable.
13.2. OnGeo does not provide refunds or prorated reimbursements for any unused portion of a Billing Period.
13.3. In particular, refunds are not available for:
a) annual Subscriptions canceled before the expiration of their subscription term;
b) monthly Subscriptions canceled before the end of the current Billing Period;
c) any unused portion of a paid Subscription period;
d) periods during which the User did not use the Platform;
e) a downgrade to a lower Subscription plan;
f) deletion of the User's Account; or
g) purchases of individual Reports or other digital products after such products have been made available to the User.
13.4. Nothing in this Section limits any mandatory consumer rights applicable in the User's country of habitual residence where such laws grant a right of withdrawal, refund, cancellation, or other statutory remedies. Where applicable law requires a full or partial refund, OnGeo shall issue such refund in accordance with the applicable legal requirements.
14. Price Changes
14.1. OnGeo may periodically modify the prices of the Services and the range of available Subscription plans.
14.2. Any price change shall not affect the current paid Billing Period.
14.3. If a price change affects an active Subscription, the User will be notified in advance, no less than thirty (30) days before the change becomes effective, unless applicable law requires a longer notice period or the User's express consent.
14.4. If the User does not agree to the revised pricing, the User may cancel the Subscription before the next Billing Period begins. In such event, the Subscription shall expire at the end of the current paid Billing Period, and no further charges shall be collected.
15. License to Use the Platform
15.1. Subject to the User's compliance with these Terms and timely payment of all applicable fees, OnGeo grants the User a limited, non-exclusive, non-transferable, revocable, and non-assignable license to access and use the Platform and the Services solely for the User's own use and only in accordance with their intended use.
15.2. The License remains valid only while the User maintains an active Account or an active Subscription unless the nature of a particular Service provides otherwise.
15.3. The License does not include the right to:
a) resell or otherwise redistribute the Services;
b) grant sublicenses;
c) transfer any rights granted under the License to any third party;
d) use the Platform to provide Services competitive with those offered by OnGeo; or
e) use the Reports to create independent databases or commercial products.
15.4. All rights not expressly granted to the User under these Terms are reserved by OnGeo or its respective licensors.
16. Intellectual Property
16.1. The Platform, including its software, source code, user interface, databases, graphics, visual elements, documentation, Reports, algorithms, functional architecture, trademarks, trade names, and all other components of the Platform are the property of OnGeo or are used by OnGeo under applicable licenses.
16.2. Use of the Platform does not transfer to the User any intellectual property rights.
16.3. The User acquires only the right to use the Platform to the extent expressly granted under the License.
16.4. The User shall not remove, conceal, or alter any copyright notices, trademarks, or other proprietary notices identifying the owner of the applicable rights.
17. Reports and Data
17.1. Reports made available through the Platform are digital products provided solely for informational purposes.
17.2. Reports may contain information obtained from public registers, third-party sources, or other databases.
17.3. OnGeo exercises reasonable care to ensure that the information presented is as accurate, complete, and up to date as reasonably practicable as accurate, complete, and up to date as reasonably practicable; however, OnGeo does not warrant or guarantee its accuracy, completeness, or timeliness.
17.4. As further described in Section 25 of these Terms, Reports do not constitute:
a) legal advice;
b) surveying or geodetic advice;
c) a real property valuation;
d) a technical expert opinion;
e) investment advice or an investment recommendation; or
f) a guarantee of the legal status of any real property.
17.5. The User bears sole responsibility for any decisions made on the basis of the Reports.
18. Permitted Use of the Platform
The User agrees to use the Platform in accordance with:
a) these Terms;
b) applicable law;
c) generally accepted standards of lawful online conduct;
d) the principles of fair use of digital Services.
The Platform may be used solely for its intended purpose.
19. Prohibited Activities
Without OnGeo's prior written consent, the User shall not, in particular:
a) copy the Platform or any part thereof;
b) copy Reports for further distribution;
c) sell Reports;
d) publish Reports on the Internet;
e) make Reports available to third parties;
f) conduct competitive business activities using the Platform;
g) develop competing products using data obtained from the Platform;
h) use the Platform to build independent databases;
i) collect data on a mass scale;
j) use bots;
k) use crawlers;
l) use web robots;
m) engage in scraping;
n) perform text and data mining;
o) automatically download Reports;
p) circumvent any usage limits imposed on the Platform;
q) bypass or circumvent technical protection measures;
r) attempt to obtain unauthorized access to Reports or Subscription plans;
s) reverse engineer the Platform or its software;
t) decompile the software;
u) disassemble the software;
v) attempt to obtain the source code;
w) use the Platform to conduct security testing without OnGeo's prior authorization;
x) interfere with or disrupt the operation of the Platform;
y) engage in activities that may impose an excessive burden on the Platform's technical infrastructure;
z) use the Platform to transmit malicious software; or
aa) use the Platform in a manner that infringes the rights of any third party.
20. Use of Data by Artificial Intelligence Systems
20.1. Without OnGeo's prior written consent, the Platform, Reports, and any other materials made available by OnGeo may not be used to train, develop, or test artificial intelligence models.
20.2. This prohibition applies in particular to:
a) Large Language Models (LLMs);
b) generative AI systems;
c) machine learning models;
d) semantic search systems;
e) embedding models;
f) Retrieval-Augmented Generation (RAG) systems; and
g) predictive models.
20.3. The following activities are also prohibited:
a) automated collection of data for AI model training;
b) creation of training datasets;
c) use of Reports as reference data for AI models; and
d) use of AI tools to extract data from the Platform.
21. Violation of the Terms
If OnGeo determines that a User has violated these Terms or applicable law, OnGeo may, at its sole discretion:
a) issue a warning;
b) restrict access to selected Platform features;
c) suspend the User's Account;
d) block the User's Account;
e) terminate the User's Account;
f) terminate the provision of the Services with immediate effect; or
g) take any other appropriate legal action.
The foregoing measures may be implemented without prior notice where necessary to protect the Platform, other Users, or OnGeo's legitimate interests.
22. Service Availability
22.1. OnGeo uses commercially reasonable efforts to maintain the continuous, stable, and secure availability of the Platform.
22.2. OnGeo's service availability target is to maintain Service availability at a level of at least 99% per calendar month, excluding downtime resulting from:
a) scheduled maintenance;
b) failures of third-party infrastructure;
c) force majeure events;
d) security incidents or threats; or
e) circumstances beyond OnGeo's reasonable control.
22.3. The foregoing availability level constitutes a Service Target only and does not constitute a warranty, contractual commitment, or basis for claiming damages, refunds, service credits, or any other compensation unless the Parties have entered into a separate Service Level Agreement (SLA).
22.4. OnGeo may periodically perform scheduled maintenance. Whenever reasonably practicable, information regarding planned maintenance windows will be published in advance.
23. Platform Updates
23.1. OnGeo continuously develops and improves the Platform.
23.2. As part of the ongoing development of the Services, OnGeo may at any time:
a) introduce new features;
b) remove existing features;
c) modify the appearance of the Platform;
d) change the operation of individual Services;
e) update algorithms;
f) improve security; or
g) correct errors.
23.3. Such changes shall not constitute a breach of the Agreement or give rise to any right to a refund unless they result in the complete discontinuation of the purchased Service.
24. Disclaimers and Warranty Disclaimer
24.1. To the maximum extent permitted by applicable law, the Platform and all Services are provided on an "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS" basis.
24.2. Except where otherwise required by applicable law, OnGeo makes no express, implied, statutory, or other warranties regarding the Platform, the Reports, or the Services.
24.3. In particular, OnGeo does not warrant that:
a) the Platform will operate without interruption;
b) the Platform will be entirely error-free;
c) the Platform will satisfy all of the User's expectations or requirements;
d) all information will be complete or up to date;
e) use of the Platform will result in any particular business or financial outcome; or
f) the Platform will always be compatible with the User's devices or software.
24.4. OnGeo does not guarantee the availability of Services provided by third parties upon which the operation of the Platform depends, including:
a) cloud service providers;
b) payment service providers;
c) telecommunications providers;
d) email service providers; and
e) providers of mapping Services and public data.
24.5. No information provided by OnGeo employees, marketing materials, or information published on the Platform shall constitute a warranty unless expressly stated otherwise.
25. Informational Nature of Reports
25.1. Reports made available through the Platform are provided solely for informational purposes, as previously stated in Section 17.
25.2. Reports do not replace:
a) legal analysis;
b) an expert appraisal;
c) official governmental documents;
d) administrative decisions; or
e) specialist expert opinions.
25.3. Before making any decision with legal, financial, or investment consequences, the User should independently verify the information contained in the applicable Report.
25.4. OnGeo shall not be liable for any decisions made on the basis of the Reports.
26. User Responsibility
The User bears full responsibility for:
a) the manner in which the Platform is used;
b) all activities conducted through the User's Account;
c) any violation of these Terms;
d) any infringement of third-party rights; and
e) any use of the Reports contrary to their intended purpose.
27. Limitation of Liability
27.1. To the fullest extent permitted by applicable law, OnGeo's liability to the User shall be limited as set forth in this Section.
27.2. OnGeo shall not be liable for:
a) loss of anticipated benefits;
b) loss of data;
c) loss of customers;
d) loss of business opportunities;
e) loss of profits;
f) indirect damages;
g) consequential damages;
h) special damages;
i) incidental damages;
j) loss of reputation; or
k) loss of commercial opportunities.
27.3. OnGeo shall not be liable for damages arising from:
a) reliance on outdated public data;
b) errors attributable to governmental authorities;
c) inaccuracies in public registers;
d) acts or omissions of third-party providers;
e) Internet outages;
f) failures of the User's devices; or
g) use of the Platform in violation of these Terms.
27.4. To the fullest extent permitted by applicable law, OnGeo's aggregate liability to any individual User for all claims arising out of or relating to the use of the Platform shall not exceed the greater of:
a) the total amount actually paid by the User to OnGeo during the twelve (12) months preceding the event giving rise to the claim; or
b) one hundred U.S. dollars (USD 100).
27.5. The limitations of liability set forth in this Section shall survive termination of the Agreement.
28. Indemnification
28.1. The User agrees to defend, indemnify, and hold harmless OnGeo, its directors, officers, employees, contractors, business partners, and subcontractors from and against any third-party claims arising out of or relating to:
a) the User's violation of these Terms;
b) violation of applicable law;
c) infringement of third-party rights;
d) unauthorized use of the Platform; or
e) use of the Platform in a manner inconsistent with its intended purpose.
28.2. This indemnification obligation also includes reasonable attorneys' fees, court costs, and other expenses reasonably incurred by OnGeo in connection with such claims.
29. Force Majeure
29.1. OnGeo shall not be liable for any failure or delay in performing its obligations under the Agreement where such failure or delay results from events beyond OnGeo's reasonable control.
29.2. Events of force majeure include, without limitation:
a) natural disasters;
b) war;
c) acts of terrorism;
d) large-scale cyberattacks;
e) failures of power infrastructure;
f) Internet outages;
g) actions of governmental authorities;
h) epidemics;
i) pandemics;
j) strikes;
k) embargoes; and
l) international sanctions.
29.3. During the existence of a force majeure event, OnGeo's affected obligations shall be suspended for the duration of the event preventing performance.
30. Personal Data Protection
30.1. OnGeo processes Users' personal data in accordance with all laws applicable to its business operations, including, where applicable, the laws of the United States, the laws of individual U.S. states, and the laws applicable within the European Economic Area.
30.2. Detailed information regarding the processing of personal data, the use of cookies, and the rights of data subjects is set forth in the Privacy Policy , which forms an integral part of the Platform documentation.
30.3. Use of the Platform may require the processing of the following categories of personal data:
a) first and last name;
b) email address;
c) information relating to the User's use of the Platform;
d) technical device information; and
e) information necessary for payment processing by the payment service provider.
30.4. Payment card information is not stored by OnGeo and is processed exclusively by the external payment service provider in accordance with its own terms and conditions.
31. Cookies and Analytics Technologies
31.1. The Platform uses cookies and similar technologies to ensure the proper operation of the Services, maintain security, analyze traffic, and support the ongoing development of the Platform.
31.2. The Platform uses tools for managing and integrating analytics, statistical, and marketing technologies utilized in connection with the Platform.
31.3. Detailed information regarding the technologies used, the management of user consent, and the methods for withdrawing consent is set forth in the Privacy Policy and the Cookie Policy.
32. Communications with the User
32.1. OnGeo may communicate with the User electronically regarding:
a) the provision of the Services;
b) Account security;
c) amendments to these Terms;
d) price changes;
e) automatic renewal of a Subscription, where required by applicable law; and
f) support requests and complaints.
32.2. Unless applicable law provides otherwise, any notice sent to the email address associated with the User's Account shall be deemed effectively delivered upon transmission.
32.3. The User is responsible for maintaining a current and valid email address associated with the Account.
33. Amendments to the Terms
33.1. OnGeo may amend these Terms from time to time where reasonably justified, including as a result of:
a) changes in applicable law;
b) changes in the manner in which the Services are provided;
c) continued development of the Platform;
d) technological developments;
e) security considerations; or
f) organizational or business changes.
33.2. OnGeo will provide advance notice of any planned amendment by publishing the updated version of the Terms on the Platform and, in the case of material amendments, by sending notice to the email address associated with the User's Account.
33.3. Unless applicable law requires a shorter or longer notice period, amendments to these Terms shall become effective thirty (30) days after publication.
33.4. If the User does not accept the amended Terms, the User may discontinue use of the Platform and cancel any active Subscription before the amendments become effective.
33.5. Continued use of the Platform after the effective date of the amendments constitutes acceptance of the amended Terms, except where applicable law requires the User's express consent.
34. Suspension and Discontinuation of the Services
34.1. OnGeo may suspend or discontinue all or part of the Services where necessary for technical, organizational, legal, or security reasons.
34.2. If OnGeo plans to discontinue a Service, it will, where reasonably practicable, notify Users in advance.
34.3. Nothing in this Section limits the User's right to continue using the Services until the end of the paid Billing Period unless continued provision of the Services becomes impossible for reasons beyond OnGeo's control or the User's continued use of the Platform violates these Terms or applicable law.
35. Governing Law
35.1. These Terms and any Agreement entered into between OnGeo and the User shall be governed by the laws of the State of Delaware, excluding its conflict of laws rules, unless mandatory applicable law provides otherwise.
35.2. If the User is a consumer whose habitual residence is located in a jurisdiction whose laws provide mandatory consumer protections that cannot be contractually waived, nothing in these Terms shall deprive the User of such protections.
36. Dispute Resolution
36.1. Before commencing any arbitration proceeding, each Party agrees to make a good-faith effort to resolve the dispute amicably.
36.2. The Party asserting a claim shall provide the other Party with written notice containing:
a) a description of the relevant facts;
b) the legal and factual basis of the claim; and
c) the proposed resolution of the dispute.
The receiving Party shall respond within thirty (30) days after receipt of the notice.
36.3. Upon delivery of the response, the Parties agree to negotiate in good faith for a period of at least thirty (30) days.
36.4. Negotiations may be conducted:
a) by email;
b) by videoconference;
c) by telephone; or
d) through any other remote means of communication that enables the negotiation process to be documented.
36.5. If the Parties fail to resolve the dispute within sixty (60) days after delivery of the dispute notice, either Party may submit the dispute to arbitration in accordance with these Terms.
36.6. Subject to mandatory consumer protection laws, any dispute arising out of or relating to these Terms shall be resolved exclusively through final and binding arbitration.
36.7. The arbitration shall be conducted:
a) in accordance with the arbitration rules in effect on the date the arbitration demand is filed;
b) in the English language; and
c) with the seat of arbitration in the State of Delaware, United States of America.
36.8. As a general rule, arbitration proceedings shall be conducted remotely using electronic means of communication unless the arbitrator determines that an in-person hearing is necessary or the Parties mutually agree otherwise. If an in-person hearing is required, it shall take place in the State of Delaware, United States of America.
36.9. Class Action Waiver. To the maximum extent permitted by applicable law, all claims must be brought solely in an individual capacity. Neither Party may participate as a plaintiff or class member in any class action, class arbitration, representative action, or any similar proceeding.
37. Severability
If any provision of these Terms is held to be invalid, unenforceable, or ineffective, such provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.
38. No Waiver
No failure or delay by OnGeo in exercising any right under these Terms shall constitute a waiver of that right or limit OnGeo's ability to exercise that right at a later time.
39. Assignment
39.1. OnGeo may assign or transfer its rights and obligations under these Terms to an affiliate, successor, or any entity acquiring all or part of its business without the User's consent, subject to any mandatory rights granted to the User under applicable law.
39.2. The User may not assign or transfer any rights or obligations arising under these Terms without OnGeo's prior written consent.
40. Entire Agreement
These Terms, the Privacy Policy, the Cookie Policy, and any other documents expressly incorporated herein by reference constitute the entire agreement between OnGeo and the User concerning the use of the Platform and supersede all prior or contemporaneous understandings, agreements, negotiations, and communications relating to the same subject matter.
41. Contact
For any questions regarding the Platform, these Terms, or the Services, OnGeo may be contacted at:
OnGeo LLC
8 The Green, Suite E
Dover, Delaware 19901
United States of America
Email: CONTACT@ONGEO.COM