End User License Agreement For The Tombot Mobile App

Effective October 28, 2026

This End User License Agreement (this “Agreement”) is a binding agreement between you and Tombot, Inc. (“Tombot,” “we,” “us,” or “our”). This Agreement governs your download, installation, access to, and use of the Tombot Mobile App, including its software, content, features, updates, and related services (collectively, the “Application”). The Application may permit you to configure, control, support, or interact with Jennie, Tombot’s interactive robotic companion animal, and other compatible hardware products that Tombot may now or in the future offer (each, a “Product,” and collectively, the “Products”), and to use other features that Tombot makes available from time to time.

PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APPLICATION, CREATING AN ACCOUNT, OR CLICKING “ACCEPT” (OR A SIMILAR BUTTON), YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE APPLICATION. SECTION 16 CONTAINS A BINDING ARBITRATION AGREEMENT, A JURY-TRIAL WAIVER, A CLASS-ACTION WAIVER, AND LIMITATIONS TO ANY MASS ARBITRATION PROCEEDINGS.

ELIGIBILITY; AUTHORITY; CAREGIVER USE

Eligibility. You may use the Application only if you have reached the age of legal majority in your jurisdiction and have legal capacity to enter into this Agreement. The Application is not directed to children.

Download or Use for Another Person. If you purchase, download, or use the Application or a Product for or on behalf of another person, including a person who may have dementia, cognitive impairment, diminished capacity, or a disability (the “Intended User”), you represent and warrant that you are legally authorized to act for the Intended User with respect to the applicable transaction and these terms.  You accept these terms in your individual capacity and, to the extent permitted by applicable law and your authority, on behalf of the Intended User.  Regardless of whether you have authority to bind the Intended User, you are personally bound by these terms and are responsible for the purchase, payment, activation, operation, supervision, and use of the applicable product or service and for compliance with these terms by you and persons to whom you provide access. The Intended User’s lack of contractual capacity does not affect the enforceability of your agreement with Tombot. Nothing in these terms independently grants you authority to act for another person or expands any authority you otherwise possess.  

ACCOUNTS AND SECURITY

Account Registration. Certain features may require an account. You must provide accurate, current, and complete information and keep it updated. You may not impersonate another person, create an account without authorization, or use false or misleading information.

Credentials. You are responsible for safeguarding your login credentials and for activity under your account, except to the extent caused by Tombot’s failure to comply with applicable law. Do not share credentials except with a person who is permitted to act for the account holder. You must promptly notify Tombot at wecare@tombot.com if you suspect unauthorized access, loss of credentials, or a security incident.

Authorized Users. You are responsible for ensuring that each person whom you authorize to access your account or a paired Product complies with this Agreement. Tombot may use reasonable identity-verification and security procedures before restoring access, changing account information, or responding to account requests.

Devices and Connectivity. You are responsible for compatible mobile devices, operating systems, internet access, wireless service, and charges imposed by third parties. The Application or particular features may not function without a compatible device, an active account, network connectivity, enabled permissions, or a properly paired and updated Product.

LIMITED LICENSE

License Grant. Subject to this Agreement, Tombot grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use one object-code copy of the Application on each compatible mobile device that you own or control, solely for your personal or authorized internal use with a Product and related Tombot services.

Reservation of Rights. The Application is licensed, not sold. Tombot and its licensors retain all right, title, and interest in and to the Application, including all software, interfaces, content, designs, documentation, trademarks, trade secrets, patents, copyrights, and other intellectual-property rights. No rights are granted except those expressly stated in this Agreement.

Updates. Tombot may provide patches, bug fixes, security updates, upgrades, or modified versions of the Application. Updates may install automatically where permitted by your settings and applicable law. You may be required to install an update to continue using some or all features or to maintain security, compatibility, or Product functionality. Unless accompanied by separate terms, updates are part of the Application and governed by this Agreement.

USE RESTRICTIONS; APPLICATION PURPOSE

You will not, and will not permit another person to: (a) copy the Application except as expressly permitted; (b) modify, translate, adapt, or create derivative works of the Application; (c) reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive source code or underlying ideas, except to the limited extent a restriction is prohibited by applicable law; (d) remove, alter, or obscure proprietary notices; (e) rent, lease, lend, sell, sublicense, distribute, publish, transfer, or commercially exploit the Application; (f) bypass, disable, or interfere with security, authentication, access-control, safety, logging, update, or technical-protection features; (g) introduce malware or use the Application to probe, scan, disrupt, overload, or gain unauthorized access to any system, account, network, Product, or data; (h) pair or attempt to pair the Application with unauthorized products or modified hardware, firmware, or software; (i) use automated means to scrape, extract, or access the Application except through interfaces Tombot expressly provides; (j) use the Application in violation of law, another person’s rights, or Tombot’s written instructions; or (k) use the Application to develop, train, benchmark, or improve a competing product or service without Tombot’s written consent.

The Application and each Product are not medical devices and are not intended to diagnose, treat, cure, prevent, or monitor any disease, condition, or mental health disorder. You acknowledge that any data, notification, or feature provided through the Application is for companionship, engagement, and general informational purposes only, is not medical advice, and should not be relied upon for any medical, safety, or emergency purpose.

PRODUCT OPERATION; SAFETY; RESPONSIBLE USE

Instructions and Supervision. You must use the Application and each Product in accordance with Tombot’s then-current labeling, user manual, warnings, safety information, maintenance requirements, and other written instructions. 

Feature Limitations. Application commands, alerts, status information, sensor outputs, notifications, and other features may be delayed, incomplete, inaccurate, unavailable, or affected by device settings, permissions, power, battery condition, network connectivity, third-party services, user configuration, environmental conditions, hardware status, maintenance, or other factors. You must independently verify information before acting when health, safety, property, or care may be affected.

Remote and Monitoring Features. If Tombot enables remote access, safety, health, wellness, location, audio, video, sensor, notification, or monitoring features, those features are governed by this Agreement, applicable in-Application disclosures, and Tombot’s Privacy Policy. 

Incidents. Immediately stop using the Application or affected Product feature if you reasonably suspect unsafe operation, unauthorized access, material malfunction, overheating, battery damage, exposed components, or another hazardous condition. Report suspected safety events, product complaints, injuries, or cybersecurity incidents to wecare@tombot.com.

PRIVACY; PERMISSIONS; DATA

Privacy Policy. Tombot’s Privacy Policy, available at https://tombot.com/pages/privacy-policy, describes how Tombot collects, uses, discloses, retains, and protects personal information associated with the Application and the Products. The Privacy Policy is incorporated by reference to the extent permitted by applicable law, but if it conflicts with this Agreement on a privacy-specific issue, the Privacy Policy controls for that issue.

Permissions and Other People. Some features may request access to Bluetooth, local network, notifications, microphone, camera, contacts, location, health information, or other device resources. The Application will request permissions as required by the operating system and applicable law. You are responsible for obtaining any consent or authorization required before collecting, recording, transmitting, viewing, or sharing information about another person, including an intended user, resident, visitor, caregiver, or household member. You must not use any feature for covert surveillance, unlawful recording, discrimination, harassment, or another unlawful purpose.

User Content and Instructions. If you submit information, feedback, commands, configurations, media, or other content through the Application (“User Content”), you represent that you have the necessary rights and permissions. You grant Tombot a non-exclusive, worldwide, royalty-free license to host, reproduce, transmit, display, modify, and otherwise use User Content only as reasonably necessary to operate, secure, support, improve, and provide the Application and related products and services, comply with law, and enforce this Agreement, subject to the Privacy Policy.

Backups and Retention. You are responsible for retaining copies of information you need, to the extent the Application permits export or backup. Tombot may retain, delete, de-identify, or anonymize information in accordance with the Privacy Policy, applicable law, and legitimate operational, safety, security, and recordkeeping requirements.

THIRD-PARTY SERVICES AND OPEN-SOURCE SOFTWARE

Third-Party Services. The Application may interoperate with mobile operating systems, app stores, networks, cloud services, maps, communications providers, analytics providers, identity providers, and other third-party products or services. Tombot does not control third-party services, and their availability and use may be subject to separate terms and privacy practices. Tombot is not responsible for a third-party service except to the extent responsibility cannot be excluded under applicable law.

Open-Source Components. The Application may include software governed by open-source or other third-party license terms. Those terms control solely with respect to the applicable component if they conflict with this Agreement. 

Third-Party Beneficiaries. The applicable app-store provider and its subsidiaries are intended third-party beneficiaries of this Agreement to the extent required by that provider’s terms, and may enforce the applicable provisions against you. Except as stated in this Section, this Agreement does not create third-party beneficiary rights.

 

APPLE APP STORE TERMS

If you download the Application from Apple’s App Store: (a) this Agreement is between you and Tombot, not Apple Inc. (“Apple”); (b) Tombot, not Apple, is solely responsible for the Application and its content, maintenance, support, warranties, and claims relating to the Application, subject to this Agreement and applicable law; (c) Apple has no obligation to provide maintenance or support; (d) if the Application fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, as required by its terms, but Apple has no other warranty obligation to the maximum extent permitted by law; (e) Tombot, not Apple, is responsible for addressing claims concerning the Application, including product-liability, regulatory, and consumer-protection claims; (f) Tombot, not Apple, is responsible for investigating, defending, settling, and discharging claims that the Application infringes third-party intellectual-property rights; (g) you represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting,” and you are not listed on a U.S. Government prohibited or restricted-party list; and (h) your use must comply with applicable third-party terms, including Apple’s Usage Rules. Apple and its subsidiaries are third-party beneficiaries of this Section and may enforce it against you.

GOOGLE PLAY AND OTHER APP STORES

If you download the Application through Google Play or another app store, your use is also subject to that store’s then-current terms. To the extent required by those terms: (a) this Agreement is between you and Tombot, not the store provider; (b) Tombot, not the store provider, is responsible for the Application; and (c) the store provider has no responsibility for maintenance, support, warranties, or claims concerning the Application except as expressly required by law or the store provider’s terms. 

FEES AND PURCHASES

Current and Additional Features. Any price, billing interval, renewal term, trial, cancellation right, refund policy, tax, and material purchase condition will be disclosed before purchase and will be subject to applicable law and any app-store payment terms.

Carrier and Provider Charges. You are responsible for mobile-data, internet, messaging, and other third-party charges arising from your use of the Application.

AVAILABILITY; CHANGES; SUSPENSION

Availability. Tombot does not guarantee uninterrupted or error-free operation. Maintenance, updates, outages, cybersecurity events, network failures, third-party failures, legal requirements, product changes, force-majeure events, or conditions outside Tombot’s reasonable control may limit or interrupt the Application.

Changes. Tombot may modify, add, remove, or discontinue Application features for legitimate legal, safety, security, technical, operational, or business reasons. Where required by law, Tombot will provide notice of a material adverse change and any applicable cancellation or other rights.

Suspension. Tombot may suspend or restrict access if it reasonably believes that: (a) your use violates this Agreement or law; (b) suspension is necessary to address a safety, security, fraud, or technical risk; (c) you have not paid applicable fees; (d) you are using unauthorized hardware, firmware, software, or services; or (e) Tombot must comply with legal process or governmental requirements. Tombot will provide notice and an opportunity to cure where reasonably practicable and legally required.

TERM; TERMINATION

Term. This Agreement begins when you first accept it or download, install, access, or use the Application and continues until terminated.

Termination by You. You may terminate this Agreement by discontinuing use, uninstalling all copies of the Application, and closing your account as described in the Privacy Policy or at wecare@tombot.com. Account closure may affect paired-device functions, stored settings, and access to Application-dependent features.

Termination by Tombot. Tombot may terminate this Agreement or your license for a material breach, unlawful use, nonpayment, material safety or security risk, or discontinuation of the Application, subject to notice and cure rights required by applicable law.

Effect. Upon termination, the license ends and you must stop using and delete the Application. Sections that by their nature should survive—including Sections 3.2, 4, 6, 7, 12.4, 13 through 18, and accrued rights and obligations—will survive.

DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TOMBOT DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, QUIET ENJOYMENT, AND THAT THE APPLICATION WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR COMPATIBLE WITH EVERY DEVICE, NETWORK, OR VERSION OF A PRODUCT. TOMBOT DOES NOT WARRANT THAT ALERTS, COMMANDS, STATUS INFORMATION, SENSOR OUTPUTS, REMOTE FUNCTIONS, OR OTHER COMMUNICATIONS WILL BE TIMELY, COMPLETE, ACCURATE, OR RECEIVED.

THE APPLICATION IS NOT WARRANTED AS AN EMERGENCY, LIFE-SAFETY, SECURITY, DIAGNOSTIC, TREATMENT, OR GUARANTEED MONITORING SYSTEM. YOU REMAIN RESPONSIBLE FOR APPROPRIATE HUMAN SUPERVISION, CARE, PROFESSIONAL JUDGMENT, AND EMERGENCY RESPONSE.

Some jurisdictions do not allow certain warranty disclaimers. In those jurisdictions, the foregoing disclaimers apply only to the maximum extent permitted by law. This Agreement does not alter any separate limited warranty applicable to a Product’s hardware.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOMBOT AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, USE, GOODWILL, REVENUE, OR PROFITS; COSTS OF SUBSTITUTE CARE, SUPERVISION, EQUIPMENT, OR SERVICES; OR DAMAGES ARISING FROM SERVICE INTERRUPTION, MISSED OR DELAYED ALERTS OR COMMANDS, UNAUTHORIZED ACCESS, THIRD-PARTY SERVICES, OR RELIANCE ON APPLICATION OUTPUTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF TOMBOT AND THE OTHER TOMBOT PARTIES ARISING OUT OF OR RELATING TO THE APPLICATION OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO TOMBOT FOR THE APPLICATION DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

The exclusions and limitations in this Section do not apply to liability that cannot lawfully be excluded or limited, including where applicable liability for fraud, willful misconduct, gross negligence, or death or personal injury caused by negligence. Some jurisdictions do not permit certain exclusions or limitations, so some or all of this Section may not apply to you. The limitations apply to the maximum extent permitted by law and regardless of the theory of liability.

INDEMNIFICATION

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Tombot and its affiliates, licensors, service providers, and their respective officers, directors, employees, and agents from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising from: (a) your material breach of this Agreement; (b) your unlawful or unauthorized use of the Application; (c) your User Content; or (d) your infringement or violation of another person’s rights. This obligation does not apply to the extent a claim results from Tombot’s own negligence, willful misconduct, breach, or other conduct for which indemnification may not lawfully be required. Tombot may control the defense and settlement of an indemnified claim, but will not settle a claim imposing a non-monetary obligation on you without your consent, not to be unreasonably withheld.

DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT. THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS-ACTION WAIVER.

YOU AND TOMBOT AGREE THAT ANY DISPUTE NOT RESOLVED THROUGH THE NOTICE-OF-DISPUTE AND INFORMAL-CONFERENCE PROCEDURES BELOW WILL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION BEFORE ONE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN COURT. YOU ACKNOWLEDGE THAT YOU ARE KNOWINGLY AND VOLUNTARILY WAIVING THE RIGHT TO A JURY TRIAL AND, EXCEPT AS EXPRESSLY PROVIDED BELOW, THE RIGHT TO PROCEED IN STATE OR FEDERAL COURT.

Definitions

For purposes of this Arbitration Agreement: (1) “you” and “your” mean the person or entity that downloads, installs, accesses, or uses the Application, creates or uses a Tombot account, acquires or uses a Product, or otherwise uses a Tombot product or service; (2) “Tombot” means Tombot, Inc., its predecessors, successors, assigns, affiliates, agents, employees, and third-party service providers used in connection with the Application or related products or services; (3) “parties” means you and Tombot; (4) “Services” means the Application and any Tombot product or service provided through or in connection with the Application, a Product, or a Tombot website; (5) “Dispute” means any legal claim or controversy arising out of or relating to this Agreement, the Application, the Services, a Product, your relationship with Tombot, billing, privacy, or any product or service, including any claim concerning the formation, applicability, enforceability, or validity of this Agreement or this Arbitration Agreement, whether the claim arose before or after this Agreement or survives its termination; and (6) “Mass Arbitration” means twenty-five (25) or more arbitration demands filed within one hundred eighty (180) days of each other that allege similar or identical claims or causes of action and either are filed by the same or coordinated counsel or are sought to be administered or arbitrated collectively or in coordination.

 

Notice of Dispute

Before either party may commence arbitration, the initiating party must provide an individualized written notice of dispute (“Notice of Dispute”). A Notice of Dispute initiated by you must include your full name, residence address, account username and email address (if applicable), a detailed description of the Dispute, the specific relief sought, and the grounds for that relief. It must be sent by certified mail, return receipt requested, to Tombot, Inc., 23890 Copper Hill Dr, #434, Santa Clarita, CA 91354, Attention: Dispute Notice, with a copy by email to legal@tombot.com. A Notice of Dispute initiated by Tombot must include your name, a detailed description of the Dispute, the specific relief sought, and the grounds for that relief, and must be sent by certified mail, return receipt requested, to your mailing address on file and, if available, by email to the email address associated with your account. Each Notice of Dispute must concern only one person or entity and may not be combined with a notice for another person or entity.

Pre-Arbitration Informal Dispute Resolution Conference.

Before either party may commence arbitration, the parties must meet and confer by telephone or videoconference in a good-faith effort to resolve the Dispute (the “Informal Dispute Resolution Conference”). The initiating party must provide an individualized written notice of intent to confer (“Notice of Conference”) stating the initiating party’s name, telephone number, mailing address, account email address (if applicable), counsel’s contact information (if represented), and whether the conference should proceed by telephone or videoconference. Notices to Tombot must be sent by certified mail, return receipt requested, to the address stated above, Attention: Notice of Conference, with a copy by email to legal@tombot.com. Tombot will send its Notice of Conference by certified mail to your mailing address on file and, if available, by email to your account email address. A Notice of Dispute and Notice of Conference may be combined in one mailing. If you are represented by counsel, counsel may participate, but you must also personally participate. The conference must occur within forty-five (45) days after the other party receives the Notice of Conference, unless extended by mutual agreement. Unless all parties agree in writing, each conference must be individualized and may not be combined with a conference concerning another person or entity, even if the same counsel represents multiple persons with similar Disputes.

Arbitration

Conditions Precedent

Providing a compliant Notice of Dispute and completing an Informal Dispute Resolution Conference are conditions precedent to either party’s right to commence arbitration. If the Dispute remains unresolved thirty (30) days after completion of the conference, either party may commence arbitration. No arbitration may commence or proceed until the requirements in Section 16.4 and 16.5 have been fully satisfied. Any limitations period and filing-fee deadline will be tolled while the parties complete those procedures, to the extent permitted by law.

Fees

The party filing the arbitration will pay the initial filing fee. If you paid the initial filing fee and prevail, Tombot will reimburse it. If there is a hearing, Tombot will pay the arbitrator’s and arbitration provider’s fees for the first day. All other fees will be allocated under the AAA Rules and applicable law. You will not be required to reimburse Tombot for filing, administrative, or hearing fees in an amount greater than the court costs you would have incurred if the claim had been resolved in a state court with jurisdiction. Tombot will advance or reimburse your fees if the arbitration provider or arbitrator determines there is good reason to do so. Each party will bear its own attorneys’, experts’, and witnesses’ fees and other expenses, subject to any recovery authorized by applicable law or the arbitrator.

Rules of Arbitration

The arbitration will be governed by the AAA Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement, and administered by the AAA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If the AAA is unavailable or refuses to administer the Dispute, the arbitration will be administered by a widely recognized arbitration organization mutually acceptable to the parties, neither party unreasonably withholding consent. If the parties cannot agree, an organization will be appointed under Section 5 of the Federal Arbitration Act. In all events, the AAA Rules will govern. The arbitrator is bound by this Agreement and applicable law. Unless the parties agree otherwise in writing, any hearing will occur in Los Angeles County, California; provided that, where required by applicable consumer law or the AAA Rules, you may participate remotely or from the county where you reside. At either party’s election, the arbitration will proceed under the AAA’s desk-arbitration procedures unless both parties are represented by counsel.

Process Arbitrator; Frivolous Claims

Before appointment of a merits arbitrator, either party may request a process arbitrator to decide administrative matters, including whether conditions precedent and filing requirements have been satisfied, which arbitration agreement and rules apply, allocation of advance fees and expenses, and other agreed administrative issues. If a process arbitrator initially determines that a Dispute is frivolous or brought in bad faith, the process arbitrator may allocate AAA and arbitrator fees and expenses to the initiating party. If the merits arbitrator later determines the claims were not frivolous, Tombot will reimburse any AAA filing, administration, or arbitrator fees you paid. If the merits arbitrator finds that a Dispute was frivolous or brought for an improper purpose under the standards of Federal Rule of Civil Procedure 11(b), the prevailing party may recover AAA fees and, in the arbitrator’s discretion, reasonable attorneys’ fees and costs.

Class-Action Waiver

EACH PARTY MAY BRING A DISPUTE AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Except as expressly provided in Section 16.13 concerning Mass Arbitration or as all affected parties agree in writing, the arbitrator may not consolidate more than one person’s Dispute or preside over any class, collective, consolidated, coordinated, or representative proceeding.

Injunctive Relief

The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Dispute.

Stay of Non-Arbitrable Claims

Any claim not subject to individual arbitration under applicable law will be stayed in a court of competent jurisdiction pending completion of the individual arbitration, to the extent permitted by law.

Mass Arbitration

IF MASS ARBITRATION IS ATTEMPTED OR SOUGHT, IT WILL BE ADMINISTERED AS FOLLOWS: (1) for a Mass Arbitration involving two hundred fifty (250) demands or fewer, the arbitration provider will group the demands into batches of no fewer than twenty-five (25) demands, with each batch resolved as a single arbitration with one set of filing and administrative fees and one arbitrator; and (2) for a Mass Arbitration involving more than two hundred fifty (250) demands, the provider will group the demands into batches of no fewer than two hundred fifty (250) demands, with each batch resolved as a single arbitration with one set of filing and administrative fees and one arbitrator. All other substantive and procedural terms of this Arbitration Agreement apply. The parties will cooperate in good faith with the provider to implement this protocol. If any part of this Section 16.13 is unenforceable, it will be severed and the remainder enforced to the maximum extent permitted by law. If the provider is unwilling or unable to follow this Section 16.13, the parties will attempt to retain another mutually acceptable, widely recognized provider. If they cannot do so, this Arbitration Agreement will not apply to the affected demands within the Mass Arbitration.

Delegation Clause

Except as stated in the next sentence, the arbitrator has exclusive authority to decide all issues concerning arbitrability; the scope, formation, applicability, validity, and enforceability of this Arbitration Agreement and this Agreement; waiver of arbitration; whether any provision is unenforceable, void, or voidable, including on unconscionability grounds; arbitration-related fees; compliance with the Notice of Dispute, Notice of Conference, and Informal Dispute Resolution Conference requirements; and Mass Arbitration. If a putative class or representative claim is first filed in court and a party moves to compel arbitration, the court will decide whether this Arbitration Agreement permits class or representative proceedings.

Right to Elect Court for Small-Claims and Intellectual-Property Claims

In lieu of arbitration, either party may elect to proceed in small-claims court for a Dispute within that court’s jurisdictional limits. In lieu of arbitration, either party may bring a claim in a court of competent jurisdiction to enjoin infringement, misappropriation, or other misuse of intellectual-property rights. The party electing court is responsible for applicable filing fees, subject to any fee-shifting right under law.

Other Provisions

This Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of this Agreement. By accepting this Agreement, each party waives the right to a jury trial and to participate in a class action to the maximum extent permitted by law. If any provision other than the Class-Action Waiver is held unenforceable, it will be severed and the remainder enforced. If the Class-Action Waiver is held unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court and not in arbitration.

EXPORT CONTROLS AND SANCTIONS

You may not use, export, re-export, release, or transfer the Application except as authorized by United States law and the laws of the jurisdiction in which you obtained it. You represent that you are not located in, ordinarily resident in, or organized under the laws of a comprehensively embargoed jurisdiction, and are not a prohibited or restricted party under applicable sanctions or export-control laws. You will not use the Application for a prohibited end use or provide it to a prohibited person.

GENERAL TERMS

Governing Law. This Agreement is governed by the laws of the State of California, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 16 and mandatory law may provide you additional rights. Any court proceeding permitted under this Agreement will be brought in Los Angeles County, California, unless applicable law requires otherwise.

Changes to this Agreement. Tombot may update this Agreement for legitimate legal, safety, security, technical, operational, or business reasons. Tombot will provide notice of material changes as required by law. If consent is legally required, the changes will apply only after you consent. Otherwise, continued use after the stated effective date constitutes acceptance; if you do not agree, you must stop using the Application. Changes will not retroactively reduce accrued rights or alter the arbitration terms for a dispute of which Tombot had actual notice before the change.

Assignment. You may not assign this Agreement without Tombot’s written consent. Tombot may assign it in connection with a merger, reorganization, financing, sale of assets, or transfer of the Application or relevant business, or to an affiliate, provided the assignee assumes Tombot’s applicable obligations.

Notices. Tombot may provide notices through the Application, by email, by mail, or through another reasonable method. You must keep your account contact information current. Legal notices to Tombot must be sent to the address stated in Section 19 unless this Agreement specifies another address.

Severability; Waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will remain effective. A waiver must be in writing and applies only to the specific instance stated. Failure to enforce a provision is not a waiver.

Entire Agreement; Order of Precedence. This Agreement, the Privacy Policy, applicable in-Application disclosures, and any additional terms expressly accepted for a feature constitute the entire agreement regarding the Application. They do not replace Tombot’s limited warranty or product-specific safety instructions. For a conflict concerning the Application, feature-specific terms control over this Agreement, this Agreement controls over general product terms, and mandatory law controls in all events.

No Agency. This Agreement does not create an agency, partnership, joint venture, employment, fiduciary, or franchise relationship.

Headings; Electronic Contract. Headings are for convenience only. Electronic acceptance and records have the same effect as originals and handwritten signatures to the extent permitted by law.

19. CONTACT INFORMATION
Tombot, Inc.
23890 Copper Hill Dr., #434
Santa Clarita, CA 91354
wecare@tombot.com
(818) 213-2405