WELLIFIZE TERMS OF SERVICE

Last Updated and Effective: March 20, 2025

These WELLIFIZE Terms of Service, along with the policies referenced herein (collectively, these “Terms”), apply to your access to and use of the websites, mobile apps, messaging systems and other products and services associated with the WELLIFIZE platform (collectively, the “Service(s)”) provided by ARCHETYPE Wellness LLC, a North Carolina limited liability company (“ARCHETYPE,” “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to be bound by all of these Terms, you may not access or use any of the Services.

We may offer particular Services which have further terms and conditions that apply in addition to these Terms (“Additional Terms”). In those cases, the Additional Terms will control to the extent there is a conflict or inconsistency between the Additional Terms and these Terms.

The Services may be provided through, or in connection with, a mobile application (an “App”), which App(s) may be available for download via the Apple Inc. (“Apple”) “App Store” or the Google LLC (“Google”) “Play Store.” You acknowledge and agree that if you download an App via the App Store or Play Store, then certain additional terms and conditions apply to your use of such App, as set forth in Exhibit A, attached hereto. Any applicable terms set forth in Exhibit A are incorporated into these Terms and will be legally binding on you. ARCHETYPE may immediately terminate your access to the Services if you breach any of these terms.

We reserve the right, in our sole discretion, to update or change these Terms at any time. If we do this, we will send an email to your Account email setting forth the changes and the effective date of the changes. Your continued use of the Services after the date specified in the email will constitute your acceptance of the updated Terms.

ARBITRATION NOTICE: Please read these Terms carefully, as they contain an agreement to resolve any disputes relating to these Terms or the Services through arbitration (see Section 13.1). You acknowledge and agree that (except as otherwise provided in these Terms or as required by applicable law): (a) you will submit any claims you may have against us to binding and final arbitration; (b) you will only be permitted to pursue claims against us on an individual basis, and not as a plaintiff or class member in any class or representative action or proceeding; (c) you will only be permitted to seek relief (including monetary, injunctive, or declaratory relief) on an individual basis; and (d) you may not be able to have any claims you have against us resolved by a jury or in a court of law.

1. Access to the Services

1.1 By accessing or using the Services, you acknowledge and agree that:

(a) you are at least eighteen (18) years old;

(b) you can form a binding contract with ARCHETYPE;

(d) you have not been permanently suspended or removed from the Services.

1.2 If you are accepting these Terms on behalf of a legal entity, including a business or government entity, you represent and warrant that you have full legal authority to bind such entity to these Terms.

2. Privacy

2.1 ARCHETYPE’s Privacy Policy (“Privacy Policy”), which may be found at this link: https://www.wellifize.com/privacy-policy, provides information about how we collect, use, and share information about you when you access or use our Services.

3. Access to the Services

3.1 Subject to your complete and ongoing compliance with these Terms, ARCHETYPE grants you a personal, non-transferable, non-exclusive, revocable, limited license to: (a) access and use the Services; and (b) install and use a copy of any App on a mobile device owned or controlled by you. We reserve all rights not expressly granted to you by these Terms.

3.2 Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement:

(a) license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content (as defined in Section 5.1);

(b) modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or

3.3 We are always improving our Services. This means we may add or remove features, products, or functionalities; we will try to notify you beforehand, but that won’t always be possible. ARCHETYPE reserves the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, as they may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

3.4 Although it is ARCHETYPE’s intention for the Services to be available as much as possible, there will be occasions when the Services may be unavailable, including, without limitation, for scheduled maintenance, upgrades, emergency repairs, or due to failure of telecommunications links or equipment. You agree that we will not be liable to you or to any third party with respect to any unavailability of the Services.

3.5 ARCHETYPE reserves the right to refuse access to the Services to anyone, for any reason or no reason, at any time. We may terminate your access to the Services at any time, with or without cause. Upon termination of your Account or revocation of your access to the Services, all licenses and other rights granted to you under these Terms will immediately cease.

4. ARCHETYPE Account

4.1 To use certain features of the Services, you will need to create an ARCHETYPE Account (an “Account”) and provide us with a username, password, and certain other information about yourself. You agree that all information provided to ARCHETYPE with respect to your Account will be true, accurate, current, and complete, and you agree to update such information as necessary to maintain its truth and accuracy. You agree not to create an Account with a username that misleads others as to your identity, or that violates the intellectual property rights of any third party. You may not use domain names or web URLs in your username without prior written consent from ARCHETYPE. You also may not create Accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

4.2 With the exception of people or businesses that are expressly authorized to create Accounts on behalf of their employers or clients, you may not create or use an Account on behalf of any person or entity other than yourself.

4.3 You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify ARCHETYPE if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account.

4.4 You agree you will not sell, transfer, license, or assign your Account, followers, username, or any Account rights, nor will you solicit, collect, or use the login credentials of other ARCHETYPE users.

4.5 ARCHETYPE reserves the right, at all times and in its sole discretion, to verify, revoke, or alter aspects of your Account, for any reason or no reason. Likewise, ARCHETYPE reserves the right, at all times and in its sole discretion, to reassign your username to another ARCHETYPE user as it deems appropriate to uphold these Terms or to avoid public confusion over the identity of the Account holder.

5. Your Content and Your Use of the Services

5.1 The Services may contain information, data, text, links, files, applications, usernames, images, graphics, photos, videos, audio, sounds, musical works, streams, works of authorship, or other content or materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content, including with respect to Your Content.

5.2 By submitting Your Content to the Services, you represent and warrant that:

(a) you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms;

(b) the posting and use of Your Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, or other intellectual property rights; and

(c) you have paid all royalties, fees, or other monies owed by reason of Content you post on or through the Service, and you agree and covenant to continue to pay all such fees.

5.3 You acknowledge and agree that you alone are responsible for Your Content, and that ARCHETYPE is not responsible for, and does not endorse, any Content posted on or through the Services. You understand and agree that you may expose yourself to liability for the Content you post on or through the Services.

5.4 You retain any ownership rights you have in Your Content. Subject to the Privacy Policy, with respect to any of Your Content which is created with or submitted to the Services, you will grant, and hereby do grant, to ARCHETYPE a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content, in all media formats and channels now known or later developed, anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with ARCHETYPE. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

5.5 You are solely responsible for your interaction with other users of the Services, whether online or offline, and for the interaction of other users of the Services with Your Content. You agree that ARCHETYPE is not responsible or liable for the conduct of any user. ARCHETYPE reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users of the Services. We recommend that you exercise common sense and your best judgment when interacting with others, including when you post Your Content.

5.6 Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete, modify, or remove Your Content at any time, for any reason or no reason.

5.7 Except as otherwise described in the Privacy Policy, as between you and ARCHETYPE, any Content will be non-confidential and non-proprietary and ARCHETYPE will not be liable for any use or disclosure of Content, including Your Content. You acknowledge and agree that your relationship with ARCHETYPE is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place ARCHETYPE in a position that is any different from the position held by members of the general public, including with regard to Your Content. None of Your Content will be subject to any obligation of confidence on the part of ARCHETYPE, and ARCHETYPE will not be liable for any use or disclosure of any Content you provide.

5.8 You acknowledge and agree that ARCHETYPE is not a backup service and that you will not rely on the Services for the purposes of backing up or storing Your Content. You further acknowledge that the internet and Services may be subject to breaches of security, and that your submission of Content or other information to the Services may not be secure. Any Content uploaded to the Services may be lost, stolen, hacked, damaged, or destroyed, and ARCHETYPE will not be liable to you with respect to the foregoing.

5.9 Any ideas, suggestions, or feedback about ARCHETYPE or our Services that you provide to us, whether or not solicited by us, are entirely voluntary. By choosing to share any such ideas, suggestions, or feedback with us, you agree that ARCHETYPE will be free to use any such information or materials for any purposes whatsoever including, without limitation, developing and marketing products and services, without payment or liability to you of any kind.

6. Restrictions on Your Use of the Services

6.1 When using or accessing the Services and with respect to all of Your Content, you must comply with these Terms, any Additional Terms, and all applicable laws, rules, and regulations. Without limiting the generality of the foregoing, you may not do any of the following:

(a) use the Services or upload any Content in connection with any commercial activity, including without limitation any sales, advertising, sponsorships, or promotions;

(b) use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services;

(c) gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services;

(d) upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features;

(e) upload, transmit, or distribute to or through the Services any unwanted email, comments, likes or other forms of commercial or harassing communications (i.e. “spam”);

(f) use the Services to violate applicable law or infringe any person’s or entity’s intellectual property rights or any other proprietary rights;

(g) access, search, or collect data from the Services by any means (including by crawling, scraping, or caching, automated or otherwise) except as permitted by these Terms; or

(h) use the Services in any manner that we reasonably believe to be an abuse of or fraud on ARCHETYPE or any third party.

6.2 You may not upload to, post, or otherwise make available via the Services any: (a) violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive Content; or (b) private or confidential information about any person or entity, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers, or non-public email addresses.

6.3 You may not: (a) defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate any person or entity via the Services; (b) attempt to restrict any person or entity from using or enjoying the Services; or (c) encourage or facilitate violations of these Terms or any Additional Terms.

7. Third-Party Content and Applications, Advertisements, and Promotions

7.1 The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

7.2 You may choose, at your sole and absolute discretion and risk, to use applications that connect the Services or your profile on the Services with a third-party service (each, an “Third-Party Application”) and such Third-Party Application may interact with, connect to, or gather or pull information from and to your ARCHETYPE Account. By using such Third-Party Applications, you acknowledge and agree to the following: (a) if you use a Third-Party Application to share information, you are consenting to information about your profile on the Services being shared; (b) your use of any Third-Party Applications may cause personally identifying information to be publicly disclosed or associated with you, even if ARCHETYPE has not provided such information; and (c) your use of any Third-Party Applications is at your own option and risk, and you will indemnify and hold harmless the ARCHETYPE Parties (as defined in Section 11.1) for your use of any Third-Party Applications.

7.3 The Services may contain sponsored Third-Party Content, advertisements, commercial communications, paid services, or other sponsored content. The type, degree, and targeting of such content are subject to change, and you acknowledge and agree that we may place such content in connection with the display of any Content on the Services, including Your Content. You acknowledge that we may not always identify such Content as paid, sponsored, or commercial.

7.4 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ARCHETYPE IS IN NO WAY RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY CONTENT OR THIRD-PARTY APPLICATIONS. YOUR CORRESPONDENCE AND DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES ARE SOLELY BETWEEN YOU AND THE APPLICABLE THIRD PARTY.

8. Intellectual Property; ARCHETYPE Materials

8.1 The Services, the ARCHETYPE name and logo, and all visual interfaces, graphics, designs, compilations, information, data, computer code, products, services, trademarks, page headers, button icons, scripts, or other elements of the Services (collectively, the “ARCHETYPE Materials”) are the property of ARCHETYPE and its third-party licensors. You acknowledge and agree that ARCHETYPE Materials are protected by copyright, trademark, patent, trade secret, or other laws, and that as between you and ARCHETYPE, ARCHETYPE owns and retains all rights in the Services and all ARCHETYPE Materials. You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the ARCHETYPE Materials, and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the ARCHETYPE Materials.

9. DMCA

9.1 If you are a copyright owner or an agent thereof and believe that any Content in the Services infringes upon your copyrights, you may submit a notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. § 512(c)(3) for further details) by emailing us at info@wellifize.com with the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

9.2 Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.

10. Paid Services and Payment Information

10.1 There are no fees for the access to and use of many aspects of the Services. However, some features or aspects of the Services may not be available for your access or use unless you first purchase access to such features or aspects (“Paid Services”).

10.2 ARCHETYPE may change the fees or benefits associated with the Paid Services from time to time upon reasonable advance notice of any material adverse changes to any Paid Services which you are subscribed to on an ongoing basis; provided that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Paid Services. Notwithstanding the foregoing, any material adverse changes with respect to the fees or benefits associated with any Paid Services which you are subscribed to on an ongoing basis will apply no earlier than thirty (30) calendar days following notice to you. Your right to access the Paid Services will expire and terminate upon the earliest of the following: (a) the date your subscription expires; or (b) such date as ARCHETYPE provides notice of termination to you, for any or no reason.

10.3 You may submit your debit card, credit card, or other payment information (“Payment Information”) via our Services to purchase the Paid Services. If you provide such information, you authorize ARCHETYPE and its third-party service providers to use, store and charge the card as a payment method for the Paid Services. Your purchase, including the entry of billing information and payment card details, may be subject to additional terms of service of our third-party service providers. You agree to provide current, complete and accurate purchase and billing information for all purchases. You agree to promptly update billing information, including email address and payment card numbers and expiration dates. Providing any untruthful or inaccurate information is a breach of these Terms and may result in termination of your access to the Services. Prior to accepting any payment, we may also request additional information from you. All transactions are final, and we do not refund or credit for partially used billing periods.

11. Disclaimer of Warranties

11.1 THE SERVICES, INCLUDING WITHOUT LIMITATION ALL ARCHETYPE MATERIALS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ARCHETYPE, ITS AFFILIATES, NOR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS (COLLECTIVELY, THE “ARCHETYPE PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (a) THE SERVICES; (b) THE ARCHETYPE MATERIALS; (c) ANY CONTENT, INCLUDING YOUR CONTENT; OR (d) DATA SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ARCHETYPE OR VIA THE SERVICES. IN ADDITION, THE ARCHETYPE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES. THE ARCHETYPE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES (OR THE SERVER THAT MAKES THE SERVICES AVAILABLE) WILL BE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ARCHETYPE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ANY CONTENT OR OTHER INFORMATION (INCLUDING ANY INSTRUCTIONS) REGARDING THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES AND ALL CONTENT IS AT YOUR SOLE RISK. THE ARCHETYPE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES OR ANY CONTENT IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ARCHETYPE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS. THE ARCHETYPE PARTIES DO NOT ENDORSE, CONTROL, OR TAKE RESPONSIBILITY FOR ANY CONTENT, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

12. Indemnity; Limitation of Liability

12.1 Except to the extent prohibited by applicable law, you agree to defend, indemnify, and hold the ARCHETYPE Parties harmless from and against any claims or demands made by any third party, and any related liability, damage, loss, or expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

12.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ARCHETYPE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (a) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (c) ANY CONTENT OBTAINED FROM THE SERVICES; OR (d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ARCHETYPE AND ITS AFFILIATES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID ARCHETYPE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION 12.2 SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE ARCHETYPE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 12.3 NEITHER THE SERVICES NOR ANY CONTENT CONSTITUTE MEDICAL ADVICE OR ARE INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU ACKNOWLEDGE THAT EVEN IF CONTENT OR OTHER INFORMATION PROVIDED TO YOU THROUGH THE SERVICES APPEARS TO BE MEDICAL ADVICE: (a) SUCH INFORMATION IS NOT MEDICAL ADVICE; AND (b) UNDER NO CIRCUMSTANCES SHOULD YOU RELY ON SUCH INFORMATION. ALL CONTENT IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. USE OF THE SERVICES DOES NOT CREATE ANY PHYSICIAN-PATIENT RELATIONSHIP.

13. Miscellaneous

13.1 Arbitration. You agree that all disputes between you and ARCHETYPE (whether or not such dispute involves a third party) with regard to your relationship with ARCHETYPE, including without limitation disputes related to these Terms, your use of the Services or any Content, or any rights of privacy or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and you and ARCHETYPE hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor ARCHETYPE will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if ARCHETYPE is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either ARCHETYPE or you can elect to have the arbitration administered instead by the dispute resolution organization known as American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms. You and ARCHETYPE agree that all arbitration proceedings will be held in Raleigh, North Carolina, USA, and will be held in English. This Section 13 will survive the termination of your use of the Services, and/or your relationship with ARCHETYPE.

13.2 Time Limitation on Claims. You agree that any claim you may have arising out of or related to your relationship with ARCHETYPE must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

13.3 Governing Law & Venue. These Terms and any actions related to these Terms shall be governed by, construed, and interpreted in accordance with the laws of the State of Delaware, USA, without regard to any choice of law principle that would dictate the application of the law of another jurisdiction. In no event will the United Nations Conventions on Contracts for the International Sale of Goods (to the extent otherwise applicable), be deemed to apply to these Terms. For any action at law or in equity relating to the arbitration provision of these Terms, or in the event that any of the arbitration or class action terms are determined to be invalid or unenforceable, you agree to resolve any dispute you have with ARCHETYPE exclusively in the state or federal courts sitting in Charlotte, North Carolina, USA, and you hereby irrevocably consent to the exclusive jurisdiction and venue of such courts for the purpose of litigating all such disputes. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. ARCHETYPE’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. ARCHETYPE reserves the right to change this dispute resolution provision, but no such changes will apply to any disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with ARCHETYPE. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING RELATING TO THESE TERMS.

13.4 Entire Agreement. These Terms constitute the entire agreement between you and ARCHETYPE with respect to your access to and use of the Services, and supersede any prior understanding or agreement between you and ARCHETYPE with respect thereto. You will not assign these Terms, or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of ARCHETYPE. Any purported assignment or delegation by you without the prior written consent of ARCHETYPE will be null and void. ARCHETYPE may assign these Terms or any rights hereunder without your consent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third-party beneficiary rights.

13.5 Territorial Restrictions. The information provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ARCHETYPE to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that ARCHETYPE provides. Software related to or made available by the Services may be subject to United States export controls. Thus, no software related to the Services may be downloaded, exported, or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

13.6 Language. These Terms were written in the English language. To the extent any translated version of these Terms conflicts with the English version, the English version controls.

13.7 Notice. You agree that any notices required to be given under this Agreement by ARCHETYPE will be deemed to have been given if delivered in accordance with the contact information you provided with respect to your Account.

Exhibit A

App Store Terms; Play Store Terms

1. App Store

The provisions of this Section 1 apply if you download the applicable App via the App Store.

1.1 You agree to comply with any terms or conditions of Apple or its affiliates which are applicable to the use of software downloaded via the App Store, as may be amended from time to time, including all provisions of this Section 1 and the Apple Media Services Terms and Conditions (available as of the effective date of these Terms at https://www.apple.com/legal/internet-services/itunes/).

1.2 Both you and ARCHETYPE acknowledge that these Terms are between you and ARCHETYPE only, and not with Apple, and that neither Apple nor any of its affiliates is responsible for the App.

1.3 The App is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis. You may not use the App outside the scope of your license or in violation of these Terms.

1.4 You will only use the App on Apple products owned or controlled by you.

1.5 You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

1.6 In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure, and upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App.

1.7 You acknowledge and agree that ARCHETYPE, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App.

1.8 You acknowledge and agree that, in the event of any third-party claim that the App or your possession or use of the App infringes that third party’s intellectual property rights, ARCHETYPE, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim.

1.9 You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

1.10 Both you and ARCHETYPE acknowledge and agree that in your use of the App, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use.

1.11 Both you and ARCHETYPE acknowledge and agree that Apple and Apple’s affiliates are third-party beneficiaries of these Terms, and that Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.

2. Play Store

The provisions of this Section 2 apply if you download the applicable App via the Play Store.

2.1 You agree to comply with any terms or conditions of Google or its affiliates which are applicable to the use of software downloaded via the Play Store, as may be amended from time to time, including all provisions of this Section 2.

2.2 Both you and ARCHETYPE acknowledge that these Terms are between you and ARCHETYPE only, and not with Google, and that neither Google nor any of its affiliates is responsible for the App.

2.3 You acknowledge and agree that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

2.4 You acknowledge and agree that ARCHETYPE, and not Google, is responsible for addressing any claims you or any third party may have in relation to the App.

2.5 You acknowledge and agree that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, ARCHETYPE, and not Google, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim.

2.6 You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

2.7 Both you and ARCHETYPE acknowledge and agree that in your use of the App, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use.

2.8 Both you and ARCHETYPE acknowledge and agree that Google and Google’s affiliates are third-party beneficiaries of these Terms, and that Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.