These Terms of Use are effective as of April 2022.
These Terms of Service (“Terms”) govern your use of the free and paid services, software and websites (the “Service”) provided by Aquaint Ltd. Aquaint (“Aquaint”, “we”, “our”, etc.), and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, created tasks and associated information, text, files and other content or materials (together, the “Content”) uploaded, downloaded, or appearing on our websites or applications.
Our Privacy Policy explains the way we collect and use your information. By using the Service, you agree to be bound by these Terms and our Privacy Policy. If you’re using our Service on behalf of an organisation or entity (“Organisation”), then you are agreeing to these Terms on behalf of that Organisation and you represent and warrant that you have the authority to bind the Organisation to these Terms. In that case, “you” and “your” refers to that Organisation.
Our Terms and Privacy Policy affect your legal rights and obligations. If you do not agree to be bound by all of these, do not access or use our Service.
1. What this agreement is about
This is our privacy policy, please read it carefully because it explains how we collect and use information about you in the scenarios that are described below. By taking any of the actions referred to below, you agree that we may collect and use your information in the ways described in this privacy policy.
1.1.
If you are a user of Aquaint, this agreement describes how you may use Aquaint and is made up of these terms and conditions and our Privacy Notice.
1.2.
In this agreement, where we say Aquaint or Aquaint Account” by this we mean any type of Account held with Aquaint Ltd. (Examples include Personal Account, Site Account and Organisation Account)
1.3.
In this agreement:
1.3.1.
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control of the subject entity, where “control” is the ownership or control (whether directly or indirectly) of at least 50% of the voting rights in the entity, or otherwise the power to direct the management and policies of the entity. An entity is an Affiliate only so long as such control continues
1.3.2.
“CustomerData” shall mean the data, information or material provided, inputted or submitted by you or on your behalf into Aquaint, which may include data relating to your customers and/or employees.
1.3.3.
“Customer Personal Data” has the meaning set out in clause 13.1.
1.3.4.
“DataController” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data; where the purposes and means of such Processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
1.3.5.
“Data Processor” a natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Data Controller.
1.3.6.
“Data Protection Laws” means all applicable UK laws and regulations governing the use or processing of Personal Data, including (where applicable) the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time.
1.3.7.
“GDPR” means EU General Data Protection Regulation 2016/679.
1.3.8.
“PersonalData” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.3.9.
“Privacy Notice” means our privacy notice posted on www.Aquaint.co.uk (or such other URL as we may notify to you) and which may be amended by Aquaint from time to time.
1.3.10.
“Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction and “Process”, “Processed” and “Processes” shall be construed accordingly.
1.3.11.
“SupervisoryAuthority” means an independent public authority which is established under applicable Member State law and which concerns itself with the Processing of Personal Data.
1.4.
We may change the terms and conditions of this agreement and our Privacy Notice at any time. We will make reasonable efforts to communicate any changes to you via a notification on Aquaint or by sending an email to you, but it is up to you to ensure that you regularly check, read, understand and agree to the most recent version of this agreement and our Privacy Notice on our website at www.Aquaint.co.uk as you will be deemed to accept all changes if you continue to use Aquaint.
2. Who this agreement is between
2.1.
This agreement is between: you, the person or organisation authorised to use Aquaint; and us, Aquaint Ltd, Company number 13765902, VAT number (n/a), registered office: 1502 Victoria Residence, 16 Silvercroft St, Manchester, M15 4ZE, UK.
2.2.
By entering into this agreement, we both agree to be bound by and keep to it.
3. How you accept this agreement, and when this agreement starts
3.1.
You accept every term and condition of this agreement, and this agreement starts from the earliest date you tick a box or click on a button (or something similar) when you are asked to confirm that you accept this agreement during sign up to the service, or when you use an Aquaint Account (or any part of it). If you accept this agreement and pay the relevant subscription fees (where applicable), we give you the right to use Aquaint in the way described in this agreement. You must not use Aquaint Accounts in any other way.
3.2.
This agreement will continue until terminated in accordance with clause 18 or any other clause in this agreement which by its express provisions allows a party to terminate this agreement.
3.3.
If you don't accept this agreement, you should contact us immediately and you should not use the Aquaint Account.
4. Setting up Aquaint and Payment methods
4.1.
We will give you your sign-in details and passwords to enable you to use Aquaint Accounts (the “sign-in information”) once you have registered with us. If you wish to redeem a promotion or activation code, you must enter this as part of the registration process. You will need to activate your Account within 28 days of receiving the activation email which we will send to the email address you have registered with us. Failure to activate your Account may lead to an inability to access any data which may have been entered into that Account.
4.2.
You may take advantage of a free trial of Aquaint. We will confirm the duration of any applicable free trial period in a confirmatory email following registration.
4.3.
If you are a new customer to Aquaint and elect to buy Aquaint immediately without a free trial by signing up and entering your payment details, you will receive such discount as we may from time to time determine off the recommended retail price for 6 calendar months (or such other period as we specify on our website or in our marketing literature) starting with the month in which we accept your valid payment details. You will be charged for access to Aquaint from the date you provide your payment details and your first invoice will be generated on the first day of the next calendar month but prorated depending on the date you signed up for Aquaint. After expiry of any Discount, the monthly price for your Aquaint service will revert automatically without notice to our current list price unless we advise otherwise. Any break in payment resulting in a deactivation and subsequent reactivation of your Aquaint Account will result in your monthly subscription being reactivated at our current list price. Once you have purchased your first Aquaint Account with any discount, any additional subscriptions by you of an Aquaint Account will be at our then-current price list for that Aquaint Account (plus VAT or equivalent sales tax) as specified on our website from time to time.
4.4.
If you continue to use Aquaint following your trial period or if you have elected to purchase Aquaint without taking a free trial, you agree to pay the applicable subscription fee (plus any VAT or applicable sales tax) directly to us via the payment method specified during registration or via any different payment method which we may notify to you from time to time, until either you or we end this agreement in one of the ways set out in clause 18.
4.5.
You must pay us by one of the following payment methods: Direct debit, bank transfer, Credit or Debit card, or with our prior agreement and the right to charge an Administration charge not less than £20 +VAT per payment, Cheque or BACS, (30 day payment terms apply.) We do not accept payment in cash.
4.6.
If at any time during your monthly subscription you want to include additional Aquaint components within your subscription you must pay the applicable fees for each additional Aquaint component and your subscription fee will be pro-rated from the date access to the additional Aquaint component is made available to you until the commencement of your next monthly subscription payment. If you wish to reduce access to certain Aquaint components, you may do so from the commencement of your next monthly subscription when your fees will be calculated to take account of your reduced access to the Aquaint components.
4.7.
If you fail to pay any amount payable by you under this agreement, we may charge you interest on the amount overdue from the due date of payment up to and including the date of actual payment (as well as before and after judgment), at the rate of 4% per annum above the base rate of the Bank of England if you subscribe to Aquaint in the United Kingdom or The Bank of Ireland if you subscribe to Aquaint in the Republic of Ireland. Such interest shall accrue daily and be compounded quarterly, and you will pay the interest to us immediately upon demand. If at any time we charge you an incorrect price, we reserve the right to rectify our invoice and claim payment from you for the correct amount which you agree to pay. If we have overcharged you, we will reimburse you for the amount by which you have been overcharged.
4.8.
We may increase the subscription fee for Aquaint at any time by giving you not less than 30 days’ written notice and such an increase will take effect from your next payment date after this notice period has ended.
5. Your rights to use Aquaint Account and your obligations
5.1.
You must only use the Aquaint Account for your internal business purposes and only to input your own information into Aquaint.
5.2.
All rights of ownership of the information you or any person under your employment, remain yours but your access to this information is dependent upon you complying with these terms and conditions and your applicable subscription fee being paid in full. We follow good industry practice to prevent data loss; however, you must keep copies of any information inputted into Aquaint (or generated by it) as we cannot guarantee that your information will not be lost or damaged.
5.3.
You cannot transfer your Aquaint subscription (or your use of Aquaint Account for demonstration and evaluation purposes or any free trial, promotion or activation code), to any other person or organisation. For example, you cannot sell it if you no longer want to use Aquaint, or if you become insolvent an insolvency practitioner may not pass on your Aquaint subscription (including your sign-in information) as part of your business’ assets. Further information on this is set out in clause 15.4.
5.4.
You must comply with all applicable laws and legislation in respect of your use of Aquaint and for any filing or sharing, you must ensure that the content of any files does not and will not result in any injury, damage or harm to us or any third party (including, without limitation, defamation or breach of confidentiality) and the content does not contain anything which is unlawful, obscene, indecent, immoral or promotes illegal or unlawful activities.
5.5.
You acknowledge that we are not your advisor in relation to the information you enter in to any Aquaint Account, and we should not be used as a substitute for professional advice.
5.6.
You agree that if you receive any Aquaint Accounts at a special or discounted price you will only be able to receive Aquaint at that special or discounted price if your subscription fees for Aquaint are paid continuously. Any delay or other failure in payment which results in a suspension, termination or other deactivation of your Aquaint Account may result in your monthly subscription fee being reactivated at our then-current list price which will be higher than the special or discounted price you previously paid. Please visit our website for details of our pricing.
6. Restrictions on your use of Aquaint
6.1.
The following list gives examples of things you must not do with any Aquaint Account:
6.1.1.
You must not introduce any viruses or harmful technology to Aquaint;
6.1.2.
you must not try to gain unauthorised access to Aquaint or any underlying technology;
6.1.3.
You must not try to affect the availability of Aquaint to our users (sometimes called ‘a denial-of-service attack’);
6.1.4.
You must not give anyone else any right (of any kind) to use or benefit from Aquaint in any way or provide Aquaint to others. For example, you cannot use Aquaint with someone else’s information to provide a service to them;
6.1.5.
You may not use Aquaint to help you develop your own software. For example, you must not use or copy all or any part of Aquaint's ‘graphical user interface’, ‘operating logic’ or ‘database structure’ for it to be part of, or to develop, any software or other product or technology, unless that use or copying is allowed by law.
6.2.
It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of Aquaint. In general, we will not tolerate any use which damages or is likely to damage our business or reputation, the availability or integrity of Aquaint or which causes us or threatens to cause us to incur any legal, tax or regulatory liability. We will also not tolerate any conduct by you which is (or we reasonably deem to be) offensive, malicious, threatening, intimidating or otherwise unacceptable behaviour (“Unacceptable Conduct”). If we consider you have participated in any Unacceptable Conduct, we may end this agreement by giving you 20 days’ notice in writing. In these circumstances you will not be entitled to a refund of any amounts you have paid to us in advance for your subscription period.
7. Our promises relating to Aquaint
7.1.
Whilst we aim to provide uninterrupted use of Aquaint, unfortunately we can’t guarantee this, for example, some interruptions may be caused by reasons outside our control and in such circumstances, we will not be responsible for any failure to perform our obligations in this agreement, and we will be excused from that failure for so long as those circumstances continue.
7.2.
We do not promise:
7.2.1.
that Aquaint will be compatible with your web browser or computer set-up;
7.2.2.
that Aquaint will meet your own needs;
7.2.3.
that you will be able to use Aquaint in any particular way;
7.2.4.
that you will get particular outputs from Aquaint;
7.2.5.
the standard of the results you get from using Aquaint; or
7.2.6.
that, where you use our technical support services, we will be able to fix your problem or remedy your issue. The fact that you have told our representative about how you intend to use Aquaint will not affect this clause as Aquaint has been developed for many different types of users, and you are responsible for setting up and accessing Aquaint so that you can use it in the way you need, and as best suits your circumstances.
7.3.
You are solely responsible for obtaining and maintaining your internet and network connections and any associated problems are your responsibility.
7.4.
We will take reasonable steps to make sure that Aquaint is free from viruses but we cannot guarantee this. We recommend that you use your own virus-protection software as we will not be responsible for any loss or damage caused by any viruses or other harmful technology that may infect your computer systems, data or other material owned by you.
7.5.
You are responsible for controlling who can access your Aquaint Accounts. We advise that you don’t allow anyone else to use your sign in information and that you change your password at regular intervals.
7.6.
From time to time we may temporarily suspend access to Aquaint, for maintenance, repairs or other reasons. We will try to do this outside normal business hours and provide advance notice, but this might not always be possible. If we become aware that there is an issue with Aquaint which affects you we may contact you to discuss the steps required to remedy that issue. You agree to provide reasonable assistance in helping us remedy that issue.
7.7 .
We promise that we will use our reasonable skill and care to provide any service to you under this agreement.
7.8.
This agreement describes all our promises relating to Aquaint. Unless this agreement says otherwise, we are not bound by any other contract terms, warranties or other type of promise. If, under any law, a particular term, warranty or other type of promise relating to Aquaint would automatically be included in this agreement, we will only be bound by that term, warranty or promise to the extent prescribed by law.
8. Data Protection
8.1.
For the purposes of this agreement, the parties agree that you are the Data Controller in respect of Personal Data contained within Customer Data (“Customer Personal Data”) and as Data Controller, you have sole responsibility for its legality, reliability, integrity, accuracy and quality.
8.2.
You warrant and represent that:
8.2.1
you will comply with and will ensure that your instructions for the Processing of Customer Personal Data will comply the Data Protection Laws;
8.2.2
you are authorised pursuant to the Data Protection Laws to disclose any Customer Personal Data which you disclose or otherwise provide to us regarding persons other than yourself;
8.2.3
you will where necessary, and in accordance with the Data Protection Laws, obtain all necessary consents and rights and provide all necessary information and notices to Data Subjects in order for:
8.2.3.1
you to disclose the Customer Personal Data to us;
8.2.3.2
us to Process the Customer Personal Data for the purposes set out in this agreement; and
8.2.3.3
us to disclose the Customer Personal Data to:
(a)
our agents, service providers and other companies within the Aquaint group of companies;
(b)
law enforcement agencies;
(c)
any other person to meet any legal obligations on us, including statutory or regulatory reporting; and
(d)
any other person who has a legal right to require disclosure of the information, including where the recipients of the Customer Personal Data are outside the European Economic Area.
8.3.
Where, and to the extent we Process your Personal Data as a Data Controller in accordance with our Privacy Notice, we shall comply with all Data Protection Laws applicable to us as Data Controller.
8.4.
You agree that we may record, retain and use Customer Data generated and stored during your use of the Service (including Customer Personal Data, which we shall Process as Data Controller as set out in our Privacy Notice, on the basis of our legitimate business interests), in order to:
8.4.1.
deliver advertising, marketing (including in-product messaging) or information to you which may be useful to you, based on your use of Aquaint;
8.4.2.
carry out research and development to improve our, and our Affiliates’, services, products and applications;
8.4.3.
develop and provide new and existing functionality and services (including statistical analysis, benchmarking and forecasting services) to you and other Aquaint customers;
8.4.4.
provide you with location based services (for example location relevant content) where we collect geo-location data to provide a relevant experience, provided that Aquaint shall only record, retain and use the Customer Data and/or Process Customer Personal Data on a pseudonymised basis, displayed at aggregated levels, which will not be linked back to you or to any living individual. If at any time you do not want us to use Customer Data in the manner described in this clause 8.4, please contact us at the email address set out in the Privacy Notice.
9. Anti-Bribery and Corruption
9.1.
Each party will and will procure that persons associated with them:
9.1.1.
comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption (the “Relevant Requirements”);
9.1.2.
not engage in any conduct which would constitute an offence under any of the Relevant Requirements;
9.1.3.
not do, or omit to do, any act that may lead the other party to be in breach of any Relevant Requirements;
9.1.4.
promptly report to the other party any request or demand for any undue financial or other advantage received by it in connection with this agreement;
9.1.5.
have and maintain in place during the term of this agreement its own policies and procedures to ensure compliance with the Relevant Requirements and will enforce them where appropriate.
10. Technical support and how we may access your Aquaint Account
10.1.
During the period of your subscription, we aim to give you 24-hour technical support 7 days a week (although there may be times where we are unable to do this for reasons outside our control) covering problems you may have using Aquaint. We may provide this by telephone, email, web-chat, remote assistance (where we will access your Account and data online) or self-help online support as described in the Help Section of Aquaint. You grant us the right to access your systems to provide such support (and, in the case of Aquaint, you shall ensure that we will have access to your systems for the Lead Business and each Additional Business using Aquaint so that we may provide you with support). If we do not have this access, we may not be able to provide you with support.
10.2.
We may release enhancements or provide additional features to Aquaint (“Updates”). The frequency and how we provide any Updates to you will be at our discretion. We will tell you when we are going to provide such Updates via a notification in Aquaint or by sending an email to you.
10.3.
We will not at any time give you technical support or other assistance for any hardware, third-party software, services or other equipment used with Aquaint.
11. Intellectual Property Rights
11.1.
Although you have rights to use Aquaint as described in this agreement, you do not own any of the intellectual property rights in Aquaint or any of its related logos. We (or the third party from whom we obtain our rights if we are not the owner) continue to own the intellectual property rights in Aquaint and any related logos, including any software we provide to replace all or part of Aquaint. The only rights you have to Aquaint are as set out in this agreement.
11.2.
We may release enhancements or provide additional features to Aquaint (“Updates”). The frequency and how we provide any Updates to you will be at our discretion. We will tell you when we are going to provide such Updates via a notification in Aquaint or by sending an email to you.
12. Our liability and responsibility to you if something goes wrong
12.1.
This clause sets out our entire liability to you (including any Lead Business and/or Additional Business) which arises out of or in connection with this agreement whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise.
12.2.
Subject to clauses 12.4 and 12.5, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising under or in connection with this agreement will be limited to paying you an amount which is equal to the total of all fees you have paid to us for your use of the relevant Aquaint product during the 12 month period immediately preceding the date on which the claim arose (such relevant Aquaint product being the product forming the subject matter of the claim).
12.3.
Subject to clauses 12.4 and 12.5, we will not be responsible whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise for any of the following (even if we knew or should have known there was a possibility you could suffer or incur such loss or damage):
12.3.1.
loss of profit, business or revenue and/or depletion of goodwill or similar losses;
12.3.2.
loss of use or loss of or damage to data/information inputted by you into Aquaint;
12.3.3.
any interruption to your business or damage to information, however that interruption or damage is caused;
12.3.4.
losses you suffer because of using Aquaint other than as described in the relevant documents or instructions; and/or
12.3.5.
any loss or damage which we could not have reasonably known about at the time you entered into this agreement including, without limitation any special, indirect or consequential loss or damage.
12.4.
Nothing in this agreement will exclude or limit our liability for:
12.4.1.
fraud;
12.4.2.
death of or personal injury to any person because of our negligence; or
12.4.3.
any other matter which cannot be excluded or limited under applicable law.
12.5.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent, permitted by law, excluded from this agreement.
12.4.
Your and our responsibilities under this agreement are reasonable because they reflect that:
12.6.1.
we cannot control how, and for what purposes, you use Aquaint;
12.6.2.
we have not developed Aquaint specifically for you; and
12.6.3.
although we follow good industry practice, it is not economically possible for us to carry out all the tests necessary to make sure that Aquaint is problem or error free.
13. Pricing for Aquaint and the different products and or modules within Aquaint.
13.1.
Aquaint reserves the right to separate different features into different modules and charge per module.
13.2.
Aquaint reserves the right to charge the Customer (and the Customer shall pay) for each product or module within Aquaint.
13.3.
Aquaint Ltd reserves the right to change product prices at any time without further notice. However, if you have ordered but not yet paid for a product, we guarantee the price for one month from when the order was placed.
14. How this agreement may be ended and what happens on termination
14.1.
We may end this agreement:
14.1.1.
immediately if we do not receive your subscription fee or any other fees due to us under this agreement by the relevant due date; or
14.1.2.
at any time on giving you at least 30 days' notice and if we do, we will refund to you any amounts you have paid in advance for the applicable subscription period calculated from the date of termination.
14.2.
You may end this agreement at any time by sending us an email to support@aquaint.co.uk. If you end this agreement, we will confirm the date that this agreement will end. We will not give you a refund for any amounts you have paid in advance for the applicable subscription period, unless it falls within 3 months of your first subscription with Aquaint and then only if you follow the procedure set out in section 14.3 (Claiming under the money back guarantee) below, and you must immediately pay all amounts you owe to us by the date this agreement ends. If you continue to use Aquaint after the expiry of any subscription period, we will be entitled to charge you for such use at our then current applicable fees.
14.3.
If you choose not to pay the subscription fee to continue to use Aquaint at the end of any trial period, your access to Aquaint will immediately end.
14.4.
If you or we discover that the other has done something which is not allowed by this agreement, or has not done something that must be done, the one making such discovery can give the other written notice that the matter must be put right within 30 days. If the matter is put right in that time, no further action will be taken. If it is not put right in that time, the person who made the discovery may end this agreement upon giving the other notice in writing.
14.5.
This agreement will automatically (i.e. without us having to tell you) and immediately end without refund if you become bankrupt (or something similar happens) or your business is not able to pay its debts, stops trading or becomes insolvent (or something similar happens). In those circumstances we will have no further obligation to you under this agreement and any monies due from you will become immediately due and payable.
14.6.
No matter how this agreement ends, the information you store in Aquaint remains your information and you can access it on a read only basis. If you wish to access your information after this agreement has ended, you agree to pay our reasonable charges for that access.
14.7.
In addition to our rights to end this agreement, we may also suspend your use of Aquaint at any time if we do not receive payment in full when due or if we suspect that you has breached any part of this agreement.
14.8.
Any suspension of your Aquaint Account will continue until such time that the breach in question has been remedied to our reasonable satisfaction and/or we have received payment from you in full. Where we suspend or terminate your use of Aquaint under this clause, we may at our discretion agree to reactivate your Account subject to you paying to us a reactivation fee. In accordance with clause 5.6 above, if you received Aquaint at a special or discounted price your monthly subscription fee may be reactivated at our then-current list price which will be higher than the special or discounted price you previously paid. Please visit our Website for details of our pricing.
15. What else do you need to know?
15.1.
If a court or similar body decides that any wording in this agreement cannot be enforced, that decision will not affect the rest of this agreement, which will remain binding on both parties. However, if the wording that cannot be enforced could be enforced if part of it is deleted, we will both treat the relevant part of the wording as if it is deleted.
15.2.
If you or we fail to, or delay in, exercising any rights under this agreement, that will not mean that those rights cannot be exercised in the future.
15.3.
This agreement and the documents we refer to above constitute the entire agreement between you and us for your use of Aquaint, and replaces all documents, information and other communications (whether spoken or written) between us for such use.
15.4.
As specified in clause 8.3, this agreement is personal to you and may not be transferred, assigned, subcontracted, licensed, charged or otherwise dealt with or disposed of (whether in whole or in part) by you without our prior written consent. We may transfer, assign, subcontract, license, charge or otherwise deal with or dispose of (whether in whole or in part) this agreement at any time without your consent.
15.5.
A person who is not a party to this agreement has no right to enforce any term of it.
15.6.
Where either party is required to notify the other party by email, the party shall be deemed to have received the email on the first business day following transmission.
16. Which laws govern this agreement?
16.1.
If you subscribe to Aquaint in the United Kingdom, this agreement is governed by the laws of England and you and we both agree that the courts of England will be the only courts that can decide on legal disputes or claims about this agreement.
16.2.
If you subscribe to Aquaint in the Republic of Ireland this agreement is governed by the laws of Ireland and you and we both agree that the courts of Ireland will be the only courts that can decide on legal disputes or claims about this agreement.