Last updated: June 18, 2025 These Terms of Use govern the use of the electronic platform offered by Razbi, Inc. (“Eveness”, “we”, “our”, or “us”), a California corporation, through Eveness’ Algorithm (the “Algorithm”). Eveness provides the Algorithm, various other services, features, or functionalities jointly offered through our website, along with a web-based marketplace to purchase clothing (the “Marketplace”), and (collectively, the “Eveness Platform”) to our Users (“you”, “User” or “Users”), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (collectively, the "Terms of Use"), as well as our Privacy Policy (the “Privacy Policy”) available here [insert hyperlink], and any other written agreement between us and you. Please read these Terms of Use. By downloading, accessing, or using the Eveness Platform, you accept and agree to be bound by these Terms of Use, our Privacy Policy, and any future amendments and additions to these Terms of Use as we may publish from time to time. The Eveness Privacy Policy is incorporated into these Terms of Use. By accepting these Terms of Use, you agree to the collection, use, and sharing of your information through the Eveness Platform in accordance with the Privacy Policy. Please read these Terms of Use carefully before accessing, viewing or using, either directly or indirectly, the Eveness Platform. These Terms of Use affect your legal rights and obligations, so if you do not agree to these Terms of Use, do not use the Eveness Platform. In the event you use a service, feature, or functionality that is operated by a third party and made available through the Eveness Platform, each of such party’s terms will govern as to the respective party’s relationship with you. You must be thirteen (13) years of age or older and, if you are not an adult in the jurisdiction in which you reside (typically eighteen (18) years of age in United States), you have the consent and approval of your parent or legal guardian to use the Eveness Platform and that your parent or legal guardian has accepted these Terms of Use on your behalf. In addition, you represent and warrant that you have the right, authority and capacity to enter into and abide by these Terms of Use, and that you will so abide. Where you enter into these Terms of Use on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to these Terms of Use. You are required to agree to and accept these Terms of Use, including the Privacy Policy, in order to access and use the Eveness Platform. These Terms of Use include, but are not limited to: * Your agreement that the Eveness Platform is provided “as is” and without warranty (Section 14). * Your agreement that Eveness has significant limitations on liability regarding the Eveness Platform (Section 15). * Your agreement to indemnify Eveness from claims due to your use or inability to use the Eveness Platform or content submitted from your account to the Eveness Platform (Section 16). * Your consent that no claims can be adjudicated on a class basis (Section 17). ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND EVENESS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, UNLESS YOU CHOOSE TO OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE ARBITRATION PROVISION BELOW (SECTION 20). BY VIRTUE OF YOUR ACCEPTANCE OF THESE TERMS OF USE, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE PROVISIONS OF THESE TERMS OF USE. 1. Eveness Platform Generates Unique Recommendations The Eveness Platform is a web-based platform that uses biometric information collected directly from Users through in-Platform questionnaires, facial scans, chatbot communications, and other procedure and processes to generate unique Fashion and Style Recommendations (collectively, “Recommendations”) for each User. 2. Users May Purchase Clothing through the Marketplace The Marketplace is a web-based storefront within the Eveness Platform through which Users may view and purchase clothing, including but not limited to tops, pants, skirts, dresses, outerwear, shoes, and other goods (collectively, “Products”) from Eveness or from third-party affiliate brands (“Third Party Brands”). 3. Billing and Payment Users of the Eveness Platform will be required to provide their credit card or bank account details to Eveness and the Payment Service Provider retained by Eveness (the “PSP”). While we do not currently charge for account registration or for Recommendations, Eveness may receive compensation through other features available on the Eveness Platform such as promotions and advertisements, as well as for transactions involving the Marketplace, including but not limited to Third Party Brands made through or on the Marketplace. All Users may be required to register with the PSP (currently, Stripe), agree to Terms of Use of the PSP (“PSP Terms”) and go through a vetting process, if any, at the request of the PSP to set up their account with the PSP. Terms of Use between Users and the PSP retained by Eveness are available here (the “PSP Agreement”). By accepting the PSP Terms, each User agrees that they have carefully and thoroughly reviewed and agreed to the PSP Agreement. Any payments owed to and paid to Eveness are final and non-refundable, unless otherwise determined by Eveness in its sole and absolute discretion. Although Eveness may on occasion, in its sole and absolute discretion, decide to alter this this policy on a case-by-case basis due to unusual or unanticipated circumstances, any such action shall not alter or limit Eveness’s ability to enforce this policy in all other circumstances. Eveness reserves the right, in its sole discretion (but not the obligation), upon request from a User or upon notice of any potential fraud, unauthorized charges or other misuse of the Eveness Platform, to (i) place on hold any Payment Request and out-of-pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so. Payment Request and fees must be paid through the PSP as indicated on the Eveness Platform. 4. Modifications to the Eveness Platform or Terms of Use Eveness reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms of Use (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Eveness Platform or any content or information through the Eveness Platform at any time, effective with or without prior notice and without any liability to Eveness. Eveness will endeavor to notify you of these changes by email but will not be liable for any failure to do so. If any future changes to these Terms of Use are unacceptable to you or cause you to no longer be in compliance with these Terms of Use, you must terminate, and immediately stop using, the Eveness Platform. Your continued use of the Eveness Platform following any revision to these Terms of Use constitutes your complete and irrevocable acceptance of any and all such changes. Eveness may change, modify, suspend, or discontinue any aspect of the Eveness Platform at any time without notice or liability. Eveness may also impose limits on certain features or restrict your access to parts or all of the Eveness Platform without notice or liability. Notwithstanding the foregoing, any change or modification to these Terms of Use that materially alters your rights or remedies will be applied prospectively and will not alter your legal rights or remedies with respect to actions taken or incidents occurring prior to any such change. 5. Release The Eveness Platform is only a venue for providing Recommendations and showcasing potential purchases from Eveness and Third Party Brands. Even if Eveness provides links to prospective purchases as a convenience, Eveness is not involved in the actual implementation or incorporation of a Recommendation. Eveness does not provide any guarantee or assurance that any Recommendation will have the result or impact that you desire. In the event that you [are not satisfied with the outcome of implementing or incorporating a Recommendation], you hereby release Eveness and its affiliates (and their respective members, officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. EVENESS EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS EVENESS PLATFORM. TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “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.” 6. Marketplace Purchases Terms of Sale By purchasing or obtaining any Products (or related goods and services) via the Website, you agree to the following additional terms: a. Purchase made on the Eveness Platform In order to make a purchase on the Eveness Platform, you must provide us with your delivery address and billing information. If you have opened an account on the Eveness Platform and purchased from us before, your delivery address and billing information may already be on file with us, and should be updated by you if necessary. You are responsible for paying all fees and applicable taxes (including but not limited to any applicable international customs duty taxes or similar fees or assessments) associated with the purchased item(s), including but not limited to shipping, delivery and other costs. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging other payment methods on file with us, retaining collection agencies and for accounts over 180 days past due, deducting the amount owed from your approved online payment account. Eveness may, in its sole discretion, verify a user’s identity prior to processing a purchase. Eveness may also refuse to process, or may cancel a purchase, (i) as Eveness deems necessary or desirable in its sole and absolute discretion; (ii) to comply with applicable law; or (iii) to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms. Refunds for cancelled orders may be issued in instances that Eveness determines appropriate. If any of the Products becomes unavailable between ordering and processing, Eveness will notify you by email. If you cancel the order within 24 hours of notification, Eveness will issue you a refund. b. Descriptions and Pricing Descriptions of the Products presented on the Eveness Platform are provided by Eveness. While we attempt to provide description that are as accurate as possible, Eveness does not warrant that the descriptions of the Products or other content of the Eveness Platform is accurate, complete, reliable, current, or error-free, and is not responsible or liable for any performance or quality claims associated with the description of the Products. Additionally, Eveness has made every effort to display as accurately as possible the colors of our Products that appear on the Eveness Platform. We do not guarantee that the Products you purchase will be the color of the corresponding item displayed on the Eveness Platform, nor can we guarantee any such color is available even if it is listed as available on the Eveness Platform. We cannot guarantee that your computer monitor’s display of any color will be accurate, complete, reliable or error-free. Eveness reserves the right to correct any typographical errors, inaccuracies, or omissions on the Eveness Platform that may relate to descriptions of the Products, pricing and availability in Eveness’s discretion without prior notice. Eveness does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Eveness reserves the right, in its sole discretion, to not process or to cancel any orders placed, if the price was incorrectly posted on the Eveness Platform. If this occurs, Eveness will notify you by email. In addition, Eveness reserves the right, in its sole discretion, to correct any error in the stated retail price of the Products. c. Shipping After you place an order on the Eveness Platform, we will provide you with a tracking number and ship your order to the address designated by you as long as you are compliant with these Terms. You understand and acknowledge that while Eveness may provide you with an estimated date of delivery for the item(s) purchased, Eveness makes no guarantee that the item(s) will be delivered before any such provided date. Eveness shall not be liable for any delays in delivery of purchased item(s) due to circumstances resulting from your actions or inactions or that of another third party. Without limiting the generality of the foregoing provision, Eveness will not pay any penalty, loss or interest resulting from a delay, difficulty or failure in the delivery of the purchased item(s). We may require verification of information prior to the acceptance and/or shipment of any order. We reserve the right, without prior notice, to limit the order quantity on any Products or service and/or to refuse service to any customer. d. Returns Policy, Restocking Fee and Risk of Loss You acknowledge and understand that once the Products you purchased on the Eveness Platform are paid for by and delivered to you, Eveness will not accept any returns unless Eveness determines that Eveness committed a significant error in describing, packaging, or protecting the item from damage during shipping, and you notify us within 48 hours of receiving the item. However, if you refuse or reject a package shipment of purchased Products after a delivery by Eveness to the carrier and the Products are sent back to Eveness, you will still be responsible for a restocking fee equal to twenty percent (20%) of the original price of the refused Products purchased, plus any additional shipping charges associated with the refusal of delivery. For more information regarding returns please click the following link to see our Returns Policy which applies to the Website, and is incorporated in these Terms by this reference: [Insert Link to Policy] e. Purchases made on Third Party sites. The Eveness Platform may also display and/or recommend Products from Third Party Brands that include links to websites for the purchase of those Products. Any transaction made on a third party website shall be governed by the terms, conditions, and policies of such website, and is also subject (without limitation) to Section 7 of these Terms of Use. 7. Third Party Brands Eveness does not endorse and is not responsible or liable for any products, content, data, advertising, goods or services available or unavailable from, or through, any third party or Third Party Brand, even if such Third Party Brand or third party is featured, promoted or listed on the Eveness Platform. You agree that should you purchase and/or use or rely on such products, content, data, advertisement, goods or services, available or unavailable from, or through any third party or Third Party Brand, Eveness is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Third Party Brand, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Third Party Brand exclusively and do not involve Eveness. You should make whatever investigation or other resources that you deem necessary or appropriate before purchasing from or engaging with Third Party Brands. We may provide links or otherwise direct you to third party or Third Party Brand websites. Additionally, Third parties and Third Party Brands may link or otherwise direct Internet users to the Eveness Platform for the purpose of utilizing one or more of the services we provide on behalf of others. Eveness does not control or operate any such third party or Third Party Brand websites. Any information you provide to these third party or Third Party Brand websites while on these third party or Third Party Brand websites is subject to the respective policies of those third parties or Third Party Brands, and not Eveness’s policies. It is your responsibility to review such third party or Third Party Brand policies, including any relevant privacy policies. You agree that Eveness will not be responsible or liable for, and does not endorse any products, content, advertising, goods or services purchased or provided on or through these outside websites or for your use or inability to use such websites. Eveness does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Third Party Brand sites. You use these third party or Third Party Brand websites at your own risk. You agree that Eveness is not responsible for the accessibility or unavailability of any Third Party Brand or for your interactions and dealings with them, waive the right to bring or assert any claim against Eveness relating to any interactions or dealings with any Third Party Brand, and release Eveness from any and all liability for or relating to any interactions or dealings with Third Party Brands. Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Third Party Brands found on or through the use of the Eveness Platform, including payment for and delivery or fulfillment of related products, goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Eveness shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Third Party Brands on the Eveness Platform. 8. Termination and Suspension Eveness may terminate or suspend your right to use the Eveness Platform in the event that we believe that you have breached these Terms of Use (a “User Breach”) by providing you with written or email notice of such User Breach and such termination or suspension, and termination or suspension will be effective immediately upon delivery of such notice. If Eveness terminates or suspends your right to use the Eveness Platform as a User for a User Breach, you will not be entitled to a refund of any unused reward balance in your account. You are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Eveness reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Eveness Platform is terminated or suspended, these Terms of Use will remain enforceable against you. Eveness reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Eveness Platform at its sole discretion. Except for refundable fees you have advanced to Eveness (if any), Eveness is not liable to you for any modification or discontinuance of all or any portion of the Eveness Platform. Notwithstanding anything to the contrary in this Section 8, Eveness has the right to restrict anyone from completing registration as a User if Eveness believes such person may threaten the safety and integrity of the Eveness Platform, or if, in Eveness’s discretion, such restriction is necessary to address any other reasonable business concern, or for any other reason. You may terminate these Terms of Use at any time by ceasing all use of the Eveness Platform. All sections that by their nature should survive the expiration or termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use. 9. Account, Password, Security You must register with Eveness and create an account to use various features of the Eveness Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Eveness for accessing the Eveness Platform. You are solely and fully responsible for all activities that occur under your password or account. Eveness has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you shall contact Eveness immediately. 10. Your Information and Likeness “Your Information” is defined as any biometric information, images and materials you provide to Eveness in connection with your registration for and use of the Eveness Platform, including without limitation information transmitted to the in-Platform chatbot. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User Generated Content.” You hereby represent and warrant to Eveness that Your Information (a) will not be false, inaccurate, incomplete, or misleading; (b) will not be fraudulent; (c) will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; and (h) will not create liability for Eveness or cause Eveness to lose (in whole or in part) the services of its ISPs or other partners or suppliers. You hereby grant Eveness a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Eveness Platform. Each User hereby waives all rights and releases Eveness from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, likeness or voice in connection with the Eveness Platform. Each User acknowledges that Eveness shall not owe any financial or other remuneration for its use of User Generated Content, including but not limited to the development and provision of Recommendations, billing, identification and authentication, trend forecasting, internal market research, and receiving support from third parties that provide Eveness with services used to generate Recommendations. 11. Links to Other Websites The Eveness Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute the endorsement by Eveness of those sites or their content. They are provided as an information service, for reference and convenience only. Eveness does not control any such websites, and is not responsible for their (1) availability or accuracy, or (2) content, advertising, or products or services. The existence of links on the Eveness Platform to such websites (including without limitation external websites that are framed by the Eveness Platform as well as any advertisements displayed in connection therewith) does not mean that Eveness endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by Eveness’s Terms of Use or Privacy Policy. You access such third-party websites at your own risk. Eveness expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Eveness Platform. You hereby agree to hold Eveness harmless from any liability that may result from the use of links that may appear on the Eveness Platform. 12. Intellectual Property Rights All Recommendations, text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Eveness Platform is owned by Eveness, excluding User Generated Content that Eveness has the right to use. Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed. Eveness owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Eveness Platform without Eveness’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Eveness and, if applicable, the holder of the rights to the User Generated Content. The service marks and trademarks of Eveness, including without limitation Eveness and Eveness logos are service marks owned by Eveness. Any other trademarks, service marks, logos and/or trade names appearing via the Eveness Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner. 13. Confidential Information You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Eveness and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Eveness in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Eveness upon termination of these Terms of Use for any reason whatsoever. The term “Confidential Information” shall mean any and all of Eveness’s confidential and proprietary information and all other information and data of Eveness that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical, financial, strategic and other proprietary and confidential information relating to Eveness’s business, operations and properties, including information about Eveness’s Users or partners, or other business information disclosed directly or indirectly in writing, orally, or by drawings or observation. 14. Disclaimer of Warranties USE OF THE ALGORITHM AND EVENESS PLATFORM ARE ENTIRELY AT YOUR OWN RISK. THE EVENESS PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EVENESS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE EVENESS PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE EVENESS PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE EVENESS PLATFORM, OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. EVENESS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EVENESS PLATFORM, OR ANY HYPERLINKED WEBSITE OR SERVICE FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EVENESS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WITHOUT LIMITING THE FOREGOING, NEITHER EVENESS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE EVENESS PLATFORM WILL BE UNINTERRUPTED OR THAT THE EVENESS PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EVENESS PLATFORM, OR AS TO THE TIMELINESS, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY REQUEST OR SERVICE, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE EVENESS PLATFORM. NEITHER EVENESS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE EVENESS PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. EVENESS AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS. 15. No Liability YOU ACKNOWLEDGE AND AGREE THAT EVENESS IS ONLY WILLING TO PROVIDE THE EVENESS PLATFORM IF YOU AGREE TO LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD EVENESS, ITS MEMBERS, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE EVENESS PLATFORM (OTHER THAN IN THE CASE OF INTENTIONAL MISCONDUCT BY THE PARTY YOU MIGHT SEEK TO HOLD LIABLE), INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY EVENESS OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION. EVENESS DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY RECOMMENDATIONS GENERATED VIA THE EVENESS PLATFORM. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT EVENESS OR ITS PARTNERS IN PROMOTIONS, AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED $1,000 [AMOUNT PAID TO EVENESS. 16. Indemnification By agreeing to these Terms of Use you agree to indemnify, defend, and hold harmless Eveness, our members, employees, agents, affiliates, licensors, and licensees (the “Eveness Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against Eveness or any such other party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with (a) your access to or use of the Eveness Platform; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit; (c) your violation of these Terms of Use; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities. 17. Dispute Resolution ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH EVENESS, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. a. Applicability of Arbitration Agreement. All claims, controversies, and disputes in connection with these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Eveness Platform provided by Eveness that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”), except that you and Eveness are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and Eveness, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized Users or beneficiaries of services or goods provided under these Terms of Use. b. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with these Terms of Use (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. c. Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. d. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG0 04175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc= ADRSTG015822). The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. e. Arbitration Location. Unless you and Eveness otherwise agree, the arbitration will be conducted in Los Angeles County, California. f. Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Eveness, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms of Use. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Eveness. g. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. h. Waiver of Jury Trial. YOU AND EVENESS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Eveness in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND EVENESS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. i. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms of Use, in the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in Los Angeles County, California. j. Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. k. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement. l. Small Claims Court. Notwithstanding the foregoing, either you or Eveness may bring an individual action in small claims court. m. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California, for such purpose. n. Survival. This Arbitration Agreement will survive the termination of your relationship with Eveness. o. Changes. Notwithstanding the provisions of the modification-related provisions above, if Eveness changes this "Dispute Resolution" section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by providing Eveness written notice of such rejection by mail or hand delivery to: Eveness Inc., Attn: Dispute Resolutions, 15446 Brookhurst Street, Westminster, California 92683, or by email from the email address associated with your Account to: hello@Eveness.com, within thirty (30) days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Eveness in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use). FORUM AND VENUE. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed, and that venue properly lies, only in state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You and Eveness agree that the jurisdiction and venue of these courts is exclusive. 18. Governing Law Any dispute between you and Eveness will be governed by these Terms of Use and the laws of the State of California and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction. Eveness controls and operates the Eveness Platform from its principal place of business in the United States of America, and the Eveness Platform is hosted in the United States. If you are a User visiting the United States from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Eveness Platform, which is governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer. 19. No Agency No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Use. 20. General Provisions Failure by Eveness to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right. These Terms of Use constitute the entire agreement between you and Eveness with respect to its subject matter. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. These Terms of Use may not be assigned or transferred by you without our prior written approval. We may assign or transfer these Terms of Use without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. These Terms of Use will inure to the benefit of Eveness, its successors and assignees. I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND AGREE THAT MY USE OF THE ALGORITHM AND EVENESS PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THESE TERMS OF USE.