OLi Technologies Inc. (“OLi”), through its website https://olitech.app/ and other connected online services (collectively known as the “Service”), offers these services to you under the following Terms of Use (“Agreement”). Your use of the Service is governed by any guidelines, rules, End User License Agreements (“EULA”), or other applicable terms posted on the Service, which may be updated periodically. These guidelines, rules, EULAs, and terms are an integral part of the Agreement. OLi may also provide other services that are subject to this Agreement or different terms of service.

This Agreement represents the complete understanding between you and OLi regarding your use of the Service and replaces any prior agreements between you and OLi concerning the Service. You might also be subject to additional terms and conditions when you use or purchase other OLi services, OLi software, services from affiliates, third-party content, or third-party software.

THIS AGREEMENT IS A BINDING LEGAL DOCUMENT BETWEEN YOU AND OLI, REGULATING YOUR USE OF THE SERVICE. BY UTILIZING THE SERVICE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THIS AGREEMENT, INCLUDING OLI’S PRIVACY POLICY (“PRIVACY POLICY”), EULA, AND ANY ADDITIONAL TERMS AND CONDITIONS AVAILABLE ON OLI’S WEBSITE, ALL OF WHICH ARE INCORPORATED INTO THIS AGREEMENT. IF YOU DISAGREE WITH THIS AGREEMENT, DO NOT USE THE SERVICE.

If there’s a conflict between the terms of this Agreement and the Privacy Policy, the applicable terms of the Privacy Policy will prevail.

For any inquiries about these terms and conditions, please reach out to OLi’s customer service at support@oli.com.ph.

1. DEFINITIONS

“Agreement” refers to these Terms of Use.

“Subscription Fee” denotes the monthly charge (excluding taxes) that you are required to pay as per the fee structure outlined in the subscription proposal (subject to change by OLi Technologies Inc. with prior notification to you).

“OLi” represents the OLi SAAS practice management platform, a product of OLi Technologies, Inc., a corporation based in the Philippines, including all its existing and future global subsidiaries.

“Confidential Information” encompasses all data shared between the parties involved in this Agreement, whether in written, electronic, or oral form, including the Service. It does not cover information that becomes publicly known through means other than unauthorized disclosure by one of the parties.

“Data” signifies any information entered by you or under your authorization into the Website and Mobile application.

“Intellectual Property Right” includes any patents, trademarks, service marks, copyrights, moral rights, design rights, trade secrets, and any other types of intellectual or industrial property rights recognized globally, regardless of whether they are registered or not.

“Service” refers to the practice management software solution provided by OLi Technologies Inc., which features data extraction and automation, or generation of attachments, and may be updated or modified periodically. This service is accessible via the Website or Mobile applications.

“Website” is the online platform located at the domain https://olitech.app/ or any other website managed by OLi Technologies Inc..

“Mobile Application” denotes the mobile application available for download from the App Store, Play Store, or any other platform managed by OLi Technologies Inc..

“Invited User” is any individual or entity, other than the Subscriber, who is authorized to use the Service from time to time by the Subscriber.

“Subscriber” is the individual or company who signs up to use the Service and, where applicable, includes any entity on whose behalf that individual signs up.

“You” refers to the Subscriber and, where relevant, an Invited User. “Your” has a corresponding meaning.

2. USE OF SOFTWARE

OLi Technologies Inc. provides you the right to access and use the Service through the Website and Mobile Application, tailored to the specific user roles assigned to you based on your subscription type. This right is non-exclusive, non-transferable, and subject to the terms of this Agreement. It is recognized and agreed that, barring any specific written arrangement between the Subscriber and Invited Users, or as required by law:

• The Subscriber has the authority to designate Invited Users and assign their access level to the relevant organization and Service;
• The Subscriber bears responsibility for all Invited Users’ interaction with the Service;
• The Subscriber maintains control over each Invited User’s access level to the organization and Service at all times, and can modify or revoke an Invited User’s access or access level at any moment and for any reason. Consequently, that individual or entity will no longer be an Invited User or will have modified access rights, as applicable;
• In case of a conflict between a Subscriber and an Invited User concerning access to any organization or Service, the Subscriber has the final say in determining the extent of access or level of access that the Invited User will have to the relevant Data or Service, if any.

3. YOUR OBLIGATIONS

A. Payment Obligations

OLi provides its Service through three (3) subscription models and one (1) limited-access version:

1. Accounting Firms Subscription: OLi issues a license for its Service to accounting firms, who then offer this Service to their business clients owners for a specified monthly fee in Philippine Peso. This arrangement allows integration with certain Third-Party software, which can feed or input your Data, Confidential Information, financial information, and other necessary details into OLi’s Service.
2. Direct Client Business Owners Subscription: In this model, OLi directly licenses its Service to client business owners. Currently, OLi does not charge for the use of its Service under this model but may charge in the future. Similar to the accounting firms model, this also allows integration with Third-Party software to input essential information into OLi’s Service.
3. Partner Program Subscription: This is similar to the accounting firm’s subscription, but with an added feature. OLi offers a “promotional code” to accounting firm clients when they register for OLi’s Service. These firms can share this code with other accounting firms to encourage them to use OLi’s Service. The use of this code leads to a credit or discount on the subscription fee. OLi has the exclusive right to determine eligibility for this program. The discount amount, agreed upon either in writing or orally between OLi and the accounting firm, is subject to change.
4. “Trial” or “Demo” Version: This is a limited-access, non-subscription model that OLi may offer to select clients without charge occasionally. Access to certain features or services might require payment. In addition to any charges for these features, you are responsible for all applicable taxes and any Third-Party costs incurred to access the Service and your account. This Agreement does not guarantee access to future Service releases or paid features, unless explicitly provided by OLi. For each account, separate and authorized Service access is necessary, and any required software must be installed on each device used to access the Service.

OLi also reserves the right at any time and from time to time to amend, modify, and/or discontinue in any way its subscription types, listed above, in its sole discretion and from time to time. In such an event, if You are a paid user to the Service, then OLi will provide notice to You by sending You an e-mail to the last e-mail address that You provided to us (if any) and/or by prominently posting the notice of the changes to our site. You agree to notify us if you change your e-mail address. If You did not provide an e-mail address or if You provided an e-mail address that is not correct, then You are responsible for checking the website in the event of a change, amendment, or modification.

If you disagree with the changes after being notified, you should discontinue using the Service. Your continued use of the Service after being informed of the changes, or after you were responsible for checking for amendments, will be deemed as your acceptance of these changes.

By agreeing to recurring payments, the cardholder authorizes PayMongo to automatically deduct payment from the given credit/debit card account until he/she revokes such authorization. The payments shall be charged at the start of each billing cycle, which shall be dependent on the agreed products/plans. After the processing of payment, the Merchant shall reach out to the cardholder if his/her payment is successful or not. PayMongo shall not be held liable for the Merchant’s failure to notify the cardholder regarding the payment status. The cardholder further acknowledges and agrees that the billing cycle and amount to be deducted are dependent on the instructions made by the Merchant to PayMongo.

B. General Obligations

You are required to use the Service, Website, and Mobile Application solely for legitimate internal business activities, complying with these Terms and any instructions or conditions set by OLi Technologies Inc. on the Website. If you use the Service and Website to provide services to others, you must ensure that you have the necessary authorization and that all individuals for whom or to whom services are provided adhere to and accept all relevant terms of this Agreement applicable to you.

C. Access Conditions

You are responsible for maintaining the confidentiality and security of all usernames and passwords needed to access the Service. In the event of any unauthorized use of your passwords or any security breach, you must promptly inform OLi Technologies Inc., who will then reset your password. Additionally, you should take any further measures that OLi Technologies Inc. considers necessary to uphold or improve the security of its computing systems, networks, and your access to the Services.

As a condition of these Terms, when accessing and using the Services, You must:

• • Avoid any actions that could compromise the integrity or security of OLi Technologies Inc.’s computing systems and networks, or those of a third party hosting the Services;
  • Refrain from using the Services in a manner that could harm the functionality of the Services or Website, or affect the ability of others to use the Services or Website;
  • Not try to access any materials or the computer system hosting the Services unless explicitly permitted;
  • Not upload or enter into the Website any files that could damage others’ computing devices or software, offensive content, or any material or Data that contravenes any law, including copyrighted or trade-secret-protected Data you’re not authorized to use;
  • Not attempt to alter, copy, adapt, reproduce, dismantle, decompile, or reverse engineer any computer programs utilized to provide the Services or operate the Website, except as strictly necessary for normal use.

4. USAGE LIMITATIONS

Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls You are permitted to make against OLi Technologies Inc.’s application programming interface. Any such limitations will be specified within the Service.

Communication Conditions:

Under the terms of this agreement, if you choose to use any communication features provided on the Website, such as forums, chat rooms, or message centers, you agree to use these tools solely for legal and appropriate purposes. You are prohibited from using these communication tools for posting or spreading any material not related to the Services, including but not limited to: advertisements for goods or services, unsolicited commercial emails, files that could harm others’ computing devices or software, content that could offend other users of the Services or the Website or the Mobile Application, or any illegal material (including copyrighted or trade-secret-protected material that you are unauthorized to use).

Whenever you communicate on the Website or Mobile Application, you affirm that you have the right to make such communications. OLi Technologies Inc. is not obliged to verify the authenticity of communications on the Website or to ensure they are solely related to the use of the Services. As with any online forum, you should be cautious in your use of these communication tools. Nevertheless, OLi Technologies Inc. retains the right to remove any communication at its sole discretion at any time.

5. INTELLECTUAL PROPERTY RIGHTS

Ownership and intellectual property rights of the Services, Website, and any related documentation remain with OLi (or its licensors). You recognize that the Service, OLi’s proprietary software, and any other necessary software connected to the Service contain proprietary and confidential information protected by intellectual property laws. You also acknowledge that content or information provided through the Service may be safeguarded by copyrights, trademarks, patents, or other proprietary rights. Unless permitted by law or authorized by OLi, you agree not to alter, rent, lease, loan, sell, distribute, or create derivative works from the Service, the OLi Software, or other materials.

OLi, its logos, and product and service names may be trademarks of OLi (“OLi Marks”). Unless enabled by a link provided by OLi, you agree not to display or use the OLi Marks without OLi’s prior written consent.

Title to, and intellectual property rights in, the Data remain your property. Access to the Data depends on full payment of subscription fees when due. You grant OLi a license to use, copy, transmit, store, and back-up your information and Data for service access and other service-related purposes. You must maintain all Data entered into the Service. OLi follows best practice policies to prevent data loss, including daily data back-ups, but does not guarantee against Data loss and excludes liability for any such loss.

By submitting ideas, suggestions, documents, or proposals (“Contributions”) to OLi, you acknowledge and agree that:

1. 1. Your Contributions do not contain confidential or proprietary information.
   2. OLi has no confidentiality obligations, express or implied, regarding the Contributions.
   3. OLi may use or disclose the Contributions for any purpose, in any manner, worldwide.
   4. OLi may already have similar Contributions under consideration or in development.
   5. Your Contributions automatically become OLi’s property without any obligation to you.
   6. You are not entitled to compensation or reimbursement from OLi under any circumstances.

6. YOUR USE OF SERVICE

OLi does not claim ownership of Content you submit or make available for inclusion on the Service. However, for Content you submit or make available for inclusion in publicly accessible areas of the Service, you grant OLi and all users a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, perform and display such Content (in whole or part), and incorporate it into other works in any format or medium.

Additionally, regarding Content you submit or make available for public areas of the Services, you represent and warrant that:

1. 1. You have the right to grant such a license and make the Content available to OLi and its licensees, including users of the Service.
   2. The Content you provide does not contain any confidential, non-public, third-party owned, non-public domain, or otherwise restricted information.
   3. The provision and use of such Content by OLi or its licensees, including Service users, will not infringe any third-party rights.

You understand that you are solely responsible for all Content that you upload, download, post, email, transmit, or otherwise make available or use via the Service. This includes exposure to potentially offensive, indecent, or objectionable Content.

You agree not to use the Service to:

1. 1. Make available any Content that violates laws, payment card information, or infringes any rights of any party.
   2. Impersonate any person or entity, or misrepresent your affiliation.
   3. Make available any unsolicited or unauthorized advertising, promotional materials, or other forms of solicitation, except in designated areas.
   4. Upload materials containing software viruses or designed to disrupt the functionality of any computer software or hardware.
   5. Interfere with the Service or networks connected to the Service.
   6. Support or conceal material support to any organization designated as a terrorist organization by the Philippine government.
   7. Harass or “stalk” others, or collect/store personal data about other users in connection with prohibited conduct.

OLi may, but is not obligated to, pre-screen Content and has the right to remove any Content that may create liability or damages to OLi. You are responsible for evaluating the risks associated with the use of any Content.

You acknowledge that OLi may access, preserve, and disclose your account information and Content if legally required or in good faith belief that such actions are necessary to comply with legal processes, enforce the agreement, respond to third-party rights claims, provide customer service, or protect OLi, its users, and the public.

The technical processing and transmission of the Service, including your Content, may involve various networks and changes to conform to technical requirements.

You understand that the Service includes security components for protected materials, and you agree not to attempt to override or circumvent any digital rights management technology or usage rules.

The Service may link to other websites or resources, and OLi is not responsible for the content, availability, advertising, products, or materials on these sites or resources. OLi is not liable for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through such sites or resources.

OLi may establish general practices and limits for the Service, including retention of Content, maximum file sizes, disk space allocation, and access frequency and duration. OLi is not responsible for deleting or failing to store any Content, messages, communications, or other materials or Content maintained or transmitted by the Service.

7. DISCLAIMER OF WARRANTIES

IT IS EXPRESSLY UNDERSTOOD AND AGREED BY YOU THAT:

1. 1. YOUR USAGE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OLI, ALONG WITH ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, EXPLICITLY DISCLAIMS ALL WARRANTIES, WHETHER STATED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, SUITABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
   2. OLI, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DO NOT GUARANTEE THAT:
      • THE SERVICE WILL FULFILL YOUR NEEDS,
      • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS,
      • THE OUTCOMES OBTAINED FROM UTILIZING THE SERVICE WILL BE PRECISE OR DEPENDABLE,
      • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACQUIRED THROUGH THE SERVICE WILL ALIGN WITH YOUR EXPECTATIONS, AND
      • ANY SERVICE ERRORS WILL BE RECTIFIED;
   3. ANY MATERIAL ACQUIRED OR DOWNLOADED THROUGH THE SERVICE IS DONE AT YOUR OWN CHOICE AND RISK, AND YOU ARE SOLELY LIABLE FOR ANY COMPUTER SYSTEM DAMAGE OR DATA LOSS RESULTING FROM THE DOWNLOAD OR USE OF SUCH MATERIAL;
   4. AND NO COUNSEL OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED BY YOU FROM OLI OR VIA THE SERVICE SHALL ESTABLISH ANY WARRANTY NOT EXPLICITLY STATED IN THE AGREEMENT. WHILE YOU MAY POSSESS OTHER STATUTORY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DURATION OF ANY REQUIRED STATUTORY WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

8. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OLI AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF OLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

1. 1. THE USE OR THE INABILITY TO USE THE SERVICE;
   2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE;
   3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
   4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
   5. ANY OTHER MATTER RELATING TO THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

9. INDEMNIFICATION

You agree to indemnify and hold OLi and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim, demand, judgment, penalty, fine, cost, or expense, including reasonable attorneys’ fees, resulting from or related to:

Content you submit, post, transmit, or otherwise make available through the Service;

1. 1. Your use of the Service;
   2. Your connection to the Service;
   3. Your breach of this Agreement;
   4. Your infringement of any third party’s rights.

10. TERMINATION

You agree that OLi may, at any time and without prior notice, immediately terminate your OLi account, and your access to the Service and/or all related Content or materials. Reasons for such termination may include, but are not limited to:

1. 1. Breaches or violations of this Agreement or other incorporated agreements or guidelines;
   2. Requests by law enforcement or other government agencies;
   3. Your own request (self-initiated account deletions);
   4. Discontinuance or significant modification to the Service (or any part thereof);
   5. Unforeseen technical or security issues or problems;
   6. Prolonged periods of inactivity;
   7. Your involvement in fraudulent or illegal activities; and/or
   8. Nonpayment of any fees due by you in connection with the Services.
   9. OLi also reserves the right to terminate this Agreement, your OLi account, and access to the Service and/or any and all Content or materials at any time, for any reason or no reason at all.

Termination of your OLi account includes:

1. 1. Removal of access to all services within the Service;
   2. Deletion of your password and all associated information, files, and content in or related to your account (or any part thereof); and
   3. Prohibition of further use of the Service.

Moreover, you acknowledge that all terminations are at OLi’s sole discretion and that OLi will not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service or Content.

11. MODIFICATIONS AND AMENDMENTS OF THE SERVICE AND AGREEMENT

OLi reserves the right, at any time and occasionally, to alter, modify, suspend, or permanently discontinue its website or Service, including any related fees, at its sole discretion. In such cases, if you are a paid subscriber to the Service, OLi will inform you by sending an email to the last email address you provided to us, if any, or by visibly posting a notice of the changes on our website. You agree to inform us if your email address changes. If you have not provided an email address or if the one provided is incorrect, it is your responsibility to regularly check our website for any changes, amendments, or modifications.

Should you disagree with the changes after receiving notice about the changes to the Service, you should discontinue using the Service. Your continued use of the Service after being notified of any change(s), or after being responsible for checking the website for any amendments or modifications, will be deemed as your acceptance of such changes.

OLi also holds the right to amend and modify this Agreement at any time. In this event, if you are a paid user of the Service, OLi will notify you by sending an email to the last address you provided to us, if any, or by prominently posting notice of the changes on our website. You agree to notify us of any change to your email address. If you did not provide an email address or the one provided is not correct, you are responsible for checking our website for any changes, amendments, or modifications. These changes to the Agreement will become effective no later than thirty (30) calendar days following our posting of notice of the changes on our site.

If you do not agree to the changes after receiving notice of the changes to the Agreement, you should stop using the Service. Your continued use of the Service after being notified, or being responsible for checking the website for any amendments or modifications, will constitute your acceptance of such changes to the Agreement.

12. REGISTRATION OBLIGATIONS

As a condition of using the Service, you affirm that you are of legal age to enter into a binding contract and are not prohibited from receiving services under the laws of the United States or any other relevant jurisdiction. To access or use certain Services, you may need to provide specific information about yourself (“Registration Data”) during the Service’s registration process or as part of your ongoing use of the Services. You agree to:

1. 1. Provide true, accurate, current, and complete Registration Data as required or requested by the Service; and
   2. Promptly update the Registration Data to ensure it remains true, accurate, current, and complete.

You acknowledge and agree that the Service may include certain communications from OLi, such as service announcements and administrative messages, and that you may not have the option to opt out of receiving them. If you provide information that is untrue, inaccurate, outdated, or incomplete, or if OLi has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, OLi reserves the right to suspend or terminate your account, block your access to any or all parts of the Services and/or Content (or other users’ access to your Content), and refuse any and all current or future use of the Service (or any part thereof) or Content. You confirm that you are at least 18 years old; if not, you are not permitted to register for or use the Service.

13. ACCOUNT, PASSWORD, AND SECURITY

As part of your use of the Service, you will receive a password and account designation upon completing the Service’s registration process. It is your responsibility to maintain the confidentiality of your password and account and to be fully accountable for all activities that occur under your password or account. You agree to:

1. 1. Promptly notify OLi of any unauthorized use of your password or account or any other breach of security; and
   2. Ensure that you log out from your account at the end of each session.

OLi will not be liable for any loss or damage resulting from your failure to adequately protect your account, password, data, confidential information, or local computer hardware and software. You bear sole responsibility for the protection and backup of any content you upload to, download from, or otherwise use with the Service, and for securing the equipment you use in connection with the Service. You are also responsible for practicing safe browsing habits and keeping all your computer applications and local computer hardware updated to guard against both physical and remote intrusions.

OLi will not be liable for any loss or damages caused by a third party’s failure to provide the necessary standard of care to secure and protect its accounts, passwords, data, confidential information, and computer hardware and software, regardless of whether the damage is due to physical or remote intrusion, accident, recklessness, or negligence.

OLi will take reasonable precautions with computer hardware and software under its physical control, using encryption mechanisms and standard information technology security practices to protect its clients’ data and confidential information. OLi will comply with all applicable Philippine laws by maintaining servers and backups that contain information relating to the Service within the Philippines.

14. JURISDICTION, VENUE, AND FORUM FOR DISPUTES

This Agreement and the relationship between you and OLi shall be governed by the laws of the Philippines, without regard to its conflict of law provisions. You and OLi agree to submit to the personal and exclusive jurisdiction of the courts located within Makati, Philippines. The failure of OLi to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT, YOU AGREE WITH OLi THAT YOU AND OLi ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE WITH OLi THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

15. SEVERABILITY

If any portion or provision of this Agreement is deemed invalid, unenforceable, or in violation of the Philippine law, such part or provision shall be substituted with a provision that, to the greatest extent possible, achieves the original intent of that part or provision. The rest of this Agreement shall continue to be enforceable and binding on the parties.

SUBSCRIBER CERTIFIES THAT HE/SHE HAS READ THIS DOCUMENT AND FULLY UNDERSTANDS ITS CONTENT. SUBSCRIBER IS AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND HE/SHE AGREES TO IT OF HIS/HER OWN FREE WILL.