TYB, Inc. Mobile App End User License Agreement

LAST UPDATED: October 9, 2024

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This Mobile App End User License Agreement (the "Agreement") is a binding agreement between YOU ("End User" or "You") and TYB Technologies, Inc.. ("TYB"). This Agreement governs your use of the TYB mobile application including all related documentation (the "App"). The App is licensed, not sold, to you.

BY CLICKING THE “GET STARTED” ACCOUNT CREATION BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER OR OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT AS SET FORTH IN THE PARAGRAPH BELOW; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, AND/OR USE THE APP AND DELETE IT FROM YOUR MOBILE DEVICE.

PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 28 BELOW. THESE GOVERN THE MANNER IN WHICH CLAIMS WILL BE ADDRESSED BETWEEN YOU AND TYB. THESE PROVISIONS REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH TYB AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH IN SECTION 28. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.     

THE APP IS NOT INTENDED FOR USE BY INDIVIDUALS UNDER THE AGE OF 13. INDIVIDUALS UNDER THE AGE OF 13 MAY NOT CREATE ACCOUNTS OR USE THE APP. YOU MUST BE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY WHERE YOU LIVE) TO USE THE APP. IF YOU ARE BETWEEN 13 AND 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY WHERE YOU LIVE), YOU MAY USE THE APP ONLY UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A USER BETWEEN THE AGE OF 13 AND 18 (OR THE AGE OF LEGAL MAJORITY WHERE YOU LIVE), YOU AGREE TO BE FULLY RESPONSIBLE FOR THE ACTS OR OMISSIONS OF SUCH USER IN RELATION TO OUR APP. IF YOU USE OUR APP ON BEHALF OF ANOTHER PERSON OR ENTITY, (A) ALL REFERENCES TO “YOU” THROUGHOUT THESE TERMS WILL INCLUDE THAT PERSON OR ENTITY, (B) YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON THAT PERSON’S OR ENTITY’S BEHALF, AND (C) IN THE EVENT YOU OR THE PERSON OR ENTITY VIOLATES THESE TERMS, THE PERSON OR ENTITY AGREES TO BE RESPONSIBLE TO US. 

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1. License Grant. Subject to the terms of this Agreement, TYB grants you a limited, non-exclusive, and nontransferable license to:

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(a)             download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the App's documentation; and

(b)             access, download, and use on such Mobile Device the App, strictly in accordance with this Agreement, TYB's Privacy Policy found at https://www.tyb.xyz/privacy-policy ("Privacy Policy") and TYB's Terms of Use, found at https://www.tyb.xyz/terms-of-service ("Terms of use") which are incorporated herein by this reference. 

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2. License Restrictions. Licensee shall not:

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(a)             copy the App, except as expressly permitted by this license;

(b)             modify, translate, adapt, or otherwise create derivative works or improvements, whether patentable or not, of the App;

(c)             reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;

(d)             remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;

(e)             rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or

(f)             remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.

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3. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. TYB reserves and shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

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4. Registration Data. You will be asked to create your own personalized account to use the App. In consideration of your use of the App, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms made available via the App ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to TYB, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to TYB. TYB is under no obligation to retain a record of your account or any data or information that you may have stored by means of the account or your use of the App. You are only authorized to create and use one account for the App. You are under no obligation to use or continue to use the App and may cease use of the App without notice to TYB. 

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5. Collection and Use of Your Information. You acknowledge that when you download, install, or use the App, TYB may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the App, including, but not limited to, contact information and technical information about your use, the device, system, software, and peripherals, that are gathered to analyze the use, features and functionality of the App and to facilitate the provision of software updates, product support and other services related to the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. All information we collect through or in connection with this App is subject to our Privacy Policy and may be shared with our Brand Partners. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

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6. The App. 

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(a)  The App may allow you and other users to create, post, store, purchase, sell, trade, publish, and share content, access brand tokens and badges, which provide tickets to events or free products, messages, text, photos, videos, software, and other materials (collectively, “User Content”). As between you and TYB, you retain all rights in and to your User Content, excluding any portion of the App included in your User Content. You further agree and undertake that you are accessing the App and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this App.

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(b) You grant TYB, and, if you join a Brand Partner Community, that Brand Partner, a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Apps, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. 

(c) You may not create, post, store, or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit, or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

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7. Digital Collectibles 

TYB may, as a part of the TYB Service, maintain programs that allow users to earn rewards for various activities ("Programs") such as completing respective Band Partner challenges or making purchases on Brand Partner websites. Each Program has specific requirements that are found in applicable Program pages, Program dashboards, in communications related to the Program, in supplemental terms, or contracts specific to that Program (collectively, “Program Materials”). The TYB Referral Program rewards users with coins when they invite a personal contact to join a Brand Partner's community. Coins are not a substitute for real currency, do not earn interest, and have no equivalent value in real currency. Except as otherwise outlined in the Program with respect to Brand Partners, Coins cannot be redeemed for any fiat currency, and TYB is not obligated to exchange your coins for anything else of value.

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TYB may, as part of the App, create or provide digital tokens, badges, digital art, or other collectibles incorporating, based on, or otherwise associated with our Brand Partners’ content (“Digital Collectibles”). Our Brand Partners may offer, and will be solely and exclusively responsible for offering, those Digital Collectibles to you. The Brand Partner will be solely and exclusively responsible for the terms and conditions applicable to your use and exploitation of those Digital Collectibles, including, without limitation, any benefits offered to you in connection with those Digital Collectibles; provided, however, that all benefits in connection with Digital Collectibles will in all instances be personal to you. You agree that you will not (a) sell, transfer, or otherwise distribute any Digital Collectibles to any third party (including, without limitation, any other users), (b) modify the Digital Collectible or its contents in any way, combine the Digital Collectible or its contents with, or embed the Digital Collectible or its contents into any digital or other content or media, or (c) attempt to mint, tokenize, or create additional cryptographic tokens representing the Digital Collectible on any platform. If you have any questions about the Digital Collectibles, please directly contact the applicable Brand Partner.

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8. Prohibited Conduct And Content 

(a) You will not violate any applicable law, contract, intellectual property right or other third-party right, or commit a tort, and you are solely responsible for your conduct while using our App. You will not: 

• Engage in any harassing, threatening, intimidating, predatory, or stalking conduct; 
• Use or attempt to use another user’s account without authorization from that user and TYB; 
• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity; 
• Sell or resell our App; 
• Commercially use our App; 
• Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our App, except as expressly permitted by us or our licensors; 
• Modify our App, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our App; 
• Use our App other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our App or that could damage, disable, overburden or impair the functioning of our App in any manner; 
• Reverse engineer any aspect of our App or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our App; 
• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our App; 
• Develop or use any applications that interact with our App without our prior written consent; 
• Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; 
• Bypass or ignore instructions contained in our robots.txt file; or 
• Use our App for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms. 

(b) You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store, or share any User Content that: 

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent; 
• Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national, or international law; 
• May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; 
• Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences; 
• Impersonates, or misrepresents your affiliation with, any person or entity or the authorship of such User Content; 
• Contains any unsolicited promotions, political campaigning, advertising, or solicitations; 
• Contains any private or personal information of a third party without such third party’s consent; 
• Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or 
• In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our App, or may expose TYB or others to any harm or liability of any type. 

(c) Enforcement of this Section 8 is solely at TYB’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 8 does not create any private right of action on the part of any third party or any reasonable expectation that the App will not contain any content that is prohibited by such rules. 

(d) Please note that parental control protections (such as computer hardware, software, or filtering services) may be commercially available to assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections should be available at: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers (last checked on February 23, 2022).

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9. Third-Party Services; Inherent Risks Of Blockchain 

(a) You acknowledge and agree that the rewards offered through the App are dependent on the blockchain protocol and network services offered to you by Ava Labs, Inc. d/b/a Avalanche or another third-party blockchain and network service provider (“Blockchain Service Providers”) (collectively, the “Blockchain Services”). As part of the Blockchain Services, Digital Collectibles are respectively created and recorded on the relevant blockchain protocol and network that is outside the control of TYB. 

(b) Technological Risks. The Blockchain Services may be adversely affected by malfunctions, congestion, bugs, defects, hacking, theft, attack, or negligent coding or design, which may result in a total loss or forfeiture of Digital Collectibles or the failure to complete your desired transaction (whether at your desired time or at all). 

(c) Legal Risks of Blockchain Technology. You acknowledge that as a new technology, the Blockchain Services are subject to many risks and uncertainties, and that TYB is not responsible or liable for the loss of Digital Collectibles related to the functioning of Blockchain Services. TYB is also not responsible or liable for the Blockchain Services, nor for the acts or omissions of any contributor to the Blockchain Services that may affect the digital assets. It is not a breach of these Terms if TYB is not able to perform the App due to unavailability of or errors by the Blockchain Services. You understand that TYB will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Digital Collectibles, however caused. 

(d) TYB DISCLAIMS ALL LIABILITY OF ANY KIND RELATING TO THE ACTS OR OMISSIONS OF THIRD PARTIES THAT ARE OUTSIDE THE CONTROL OF TYB, INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO THE BLOCKCHAIN SERVICES.

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10. Updates. TYB may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that TYB has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

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1. the App will automatically download and install all available Updates; or
2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

We may also cease or discontinue providing the App, or support or upgrades for the App, at any time. Such new features and/or services shall be subject to the terms and conditions of the then-current version of the Agreement as well as any additional terms and conditions that TYB may post on the Site/App or make available through the App. TYB may also modify or eliminate services, modules or features of the App; your sole and exclusive remedy, and TYB’s sole liability, in connection with any such change, modification or elimination is to terminate your account with us.

TYB reserves the right, at its sole discretion, to amend or update any part of the Agreement by posting the amended or updated Agreement on the Site or making it available through the App. While we may attempt to notify you when major changes are made to the Agreement, it is your responsibility to check the Agreement periodically for changes, and you should check the “Last Updated” dates at the top of this End-User License Agreement and our Privacy Policy to familiarize yourself with the latest version of the Agreement. Your continued use of or access to the App following the posting or distribution of any changes to the Agreement constitutes acceptance of those changes.

11. Third-Party Content. TYB may display, include, or make available content, data, information, applications, or materials from third parties (collectively the "Third Party Content"). TYB does not control, warrant, endorse or adopt any Third-Party Content and does not assume and will not have any liability or responsibility to You or any other person for any third-party services, Third Part Content, or web sites, or for any other materials, products, or services of third parties. You acknowledge and agree that TYB is not responsible or liable in any manner for any Third-Party Content and is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites. Users use such Third-Party Content contained therein at their own risk.

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TYB may also run advertisements and promotions from third parties on the in the App or may otherwise provide information about or links to other third-party products or services. Any purchases or other transactions or actions made on or through links accessed from the App are solely between the user and the third party from whom the purchase was made (the "Third-Party Seller"). Any business dealings, interactions, or correspondence with, or participation in promotions of such Third-Party Seller, and any terms, conditions, warranties, or representations associated with such purchases, dealings, or promotions, are also solely between the user and such Third-Party Seller. TYB is not responsible or liable for any loss or damage of any sort incurred as the result of any such third-party purchases, dealings, interactions, advertising, or promotions or as the result of the presence of such third-party information or content in the App.

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You understand that by using the App or Third-Party Content, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the App at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

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12. Third Party App Store, Apple & Android Devices. The following terms apply when you download and use the App  from a third party app distributor (referred to as a “App Distributor”) through an app store such as the Apple Store or Google Play ("Third Party App Store" or "App Store"). The App License is concluded between TYB and you only, and not with the Third Party App Store, and TYB, not the Third Party App Store, is solely responsible for the App and the Content thereof.  The App License granted to you for our App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service or other applicable contract. To the extent that these Agreement provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service or other applicable contract of the Third Party App Store from which you obtain the App, the more restrictive or conflicting terms of the Third Party App Store will take precedence and will apply. In exercising your license to use the App you acknowledge and agree as follows:

(a)            TYB and not the App  Distributor is responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this App License contained in these Agreement or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

(b)            TYB and not the App Distributor is solely responsible for any product warranties, subject to the terms of this Agreement (including but not limited to Section 28). The App Distributor has no warranty obligation whatsoever with respect to the App, and as between you and TYB any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TYB.

(c)            TYB, not the App Distributor, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.

(d)            The Content and The App are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and The App outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and The App from outside the United States, you are responsible for compliance with local laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

(e)            You must comply with all applicable third-party contracts when using the mobile App, e.g., if you have a VoIP App, then you must not be in violation of such App Distributor's wireless data service agreement when using the App.

(f)            The App Distributors are third-party beneficiaries of the terms and conditions in this App License contained in these Agreement, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this App License contained in these Agreement.

(g)            You will use the most recent version of the App. 

(h)            By accessing or downloading the App from the Apple App Store, you are agreeing to Apple’s Licensed Application End User License Agreement (“Apple Terms”) and other terms and conditions provided by Apple. 

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13. Term and Termination. The term of Agreement commences when you download/install the App and will continue in effect until terminated by you or TYB as set forth in this Section 13. You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device. TYB may terminate this Agreement at any time without notice if it ceases to support the App, which TYB may do in its sole discretion, if TYB discovers you are under the age of 18, you fail to abide by or violate any of the terms and conditions of this Agreement. Without limiting the generality of TYB's rights set forth in Section 10, TYB may, in its sole and absolute discretion, at any time and for any reason, suspend or terminate this App License and the rights afforded to you hereunder with or without prior notice, and without liability to you. Furthermore, if you fail to comply with any terms and conditions of this App License, then this App License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by TYB. Upon the termination of this App License, you shall cease all use of the App and uninstall the App

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Upon termination all rights granted to you under this Agreement will also terminate and you must cease all use of the App and delete all copies of the App from your Mobile Device and account. Termination will not limit any of TYB's rights or remedies at law or in equity..

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14. Intellectual Property.  

(a) The App, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by TYB or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the App are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use The App for your own personal, noncommercial use. Any use of the App other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights. 

(b) TYB, the TYB logos and any other product or service name or slogan contained in the App are trademarks of TYB and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TYB or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "TYB" or any other name, trademark or product or service name of TYB without our prior written permission. In addition, the look and feel of the  App, including all page headers, custom graphics, button icons and scripts, is intellectual property of TYB and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the App are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

(c) You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the App, including applicable copyrights, trademarks, and other proprietary rights.  Other product and company names that are mentioned on the App may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

(d) You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about TYB or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in TYB’s sole discretion. You understand that TYB may treat Feedback as nonconfidential.

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15. Repeat Infringer Policy; Copyright Complaints 

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify TYB’s designated agent as follows: 

Designated Agent: TYB Legal

Address: 4764 E Sunrise Dr. Unit #464

Tucson, Arizona 85718

Telephone Number: +1-218-209-2618

E-mail Address: legal@tyb.xyz

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to TYB for certain costs and damages.

16. Compatibility With Mobile Devices. TYB does not warrant that the App will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.

17. Carrier Charges. You acknowledge and understand that the App requires and utilizes mobile phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply and you are responsible for any such charges. By using the App, you agree to be responsible for any fees that we may impose or that are incurred as a result of your use of the App. You hereby represent and warrant that you are the owner or authorized user of any smartphone or other wireless device that you use to access the App, and that you are authorized to approve all associated SMS and data charges.

18. Electronic Communications. When you use the App, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or through the App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

19. Transfer And Processing Data 

In order for us to provide the App, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. For more details on transferring of personal information, please see our Privacy Policy- https://www.tyb.xyz/privacy-policy

20. Disclaimer of Warranties. THE APP IS NEITHER GURANTEED NOR WARRANTED TO BE ERROR-FREE. THE APP IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TYB, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, TYB PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

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THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR TYB’S OR ITS SUPPLIER’S BREACH OF WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

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In the event of any failure of the App to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the App to that End-User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

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21. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TYB OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP FOR:

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(a)            PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, MOBILE DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGE;

(b)            ANY UNAUTHORIZED ACCESS TO OR USE OF THE APP OR OUR SERVICES, YOUR ACCOUNT OR OUR SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, 

(c)            ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, 

(d)            ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, ADWARE AND/OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, 

(e)            ANY LOSS OR DAMAGE TO CONTENT OR DATA (WHETHER STORED THROUGH THE APP OR OTHERWISE), 

(f)            ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E- MAILED, IMPORTED, TRANSMITTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE VIA THE APP, or 

(g)            DIRECT DAMAGES IN AN AMOUNT THAT IN THE AGGREGATE EXCEEDS THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100.00).

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TYB DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR OPPORTUNITY ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP, OR ANY HYPERLINKED OR INTEGRATED WEBSITE/APP OR SERVICES, AND TYB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING OR ENFORCING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ANY ADVERTISER OR OTHER THIRD PARTY WHICH OFFERS OR ATTEMPTS TO TAKE ADVANTAGE OF A DEAL OR PROMOTION THROUGH THE APP).

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THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR TYB WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR THE APP, BUT IT MAY BE LIMITED, TYB’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

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22. Release. To the fullest extent permitted by applicable law, you release TYB and the other TYB Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” 

23. Indemnification. You agree to indemnify, defend, and hold harmless TYB and its officers, directors, employees, agents, affiliates, successors, and assigns (the “TYB Parties”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement, including but not limited to the content you submit or make available through this App.

24. Export Regulation. You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.

25. US Government Rights. The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

26. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

27. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the City of Tucson. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

28. Dispute Resolution; Binding Arbitration 

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH TYB AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. 

(a) No Representative Actions. You and TYB agree that any dispute arising out of or related to this Agreement or the App is personal to you and TYB and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. 

(b) Arbitration of Disputes. Except for small claims disputes in which you or TYB seeks to bring an individual action in small-claims court located in the county of your billing address or disputes in which you or TYB seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and TYB waive your rights to a jury trial and to have any other dispute arising out of or related to this Agreement or the App, including claims related to privacy and data security, (collectively, "Disputes") resolved in court. Instead, for any Dispute that you have against TYB you agree to first contact TYB and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to TYB by email at legal@tyb.xyz or by certified mail addressed to Attention: Legal. The Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and TYB cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Tucson, Arizona unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 28, a “consumer” means a person using the App for personal, family or household purposes. You and TYB agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The most recent version of the JAMS Rules is available on the JAMS website and is hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. 

(c) You and TYB agree that this Agreement affect interstate commerce and that the enforceability of this Section 28 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, this Agreement, and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. 

(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, TYB, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision. 

(e) You and TYB agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and TYB will pay the remaining JAMS fees and costs. For any arbitration initiated by TYB, TYB will pay all JAMS fees and costs. You and TYB agree that the state or federal courts of the State of Arizona and the United States sitting in Tucson, Arizona have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 

(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and TYB will not have the right to assert the claim. 

(g) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 28 by email at legal@tyb.xyz or by certified mail addressed to Attention: Legal 4764 E Sunrise Dr, Unit 464, Tucson, Arizona 85718. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 27. 

(h) If any portion of this Section 28 is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from this Agreement; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 28 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 28; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 28 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 28 will be enforceable. 

29. Entire Agreement. This Agreement together with our Terms of Use and Mobile App End User License Agreement reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties..

30. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

31. Contact. You may contact TYB at the following email address: help@tyb.xyz for and questions, claims or complaints.

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