TERMS OF USE

Updated September 29th, 2023

Welcome and thank you for using FEVR!

1. Introduction

Our Terms of Use (“Terms”) apply when you (collectively, “Customer”, “User”, “you”, or “your”) use the services from FEVR LLC (collectively, “FEVR”, “we”, “our”, or “us”) including our mobile applications, software, suite of tools, website, and any other services (collectively, the “Services”). When you receive access to our platforms, you are deemed a “User” and automatically subject to our Terms of Use. By signing up for, or otherwise using our Services, you agree to these Terms of Use. If you do not agree to these Terms of Use, then you must not use or access our Services. These terms contain a mandatory arbitration provision that, as further set forth in the legal Section below, requires the use of arbitration on an individual basis to resolve any disputes, rather than jury trials or any other court proceedings, or class actions of any kind. In arbitration, there is less discovery and appellate review than in court. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN THE DISPUTE RESOLUTION SECTION BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ANY DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

2. Registration and Account

To use the Services, you must register and create an account on our mobile application. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain the security of your account credentials, and (c) be responsible for all activities that occur in connection with your account. As a User, you are certifying to us that: (a) you are at least 18 years of age, and if you do not meet this criteria, you agree to not use the Services, (b) you are legally able to enter into contracts, (c) you are not a person barred from receiving or using the Services under federal, state, local, or other laws, (d) you have not previously been suspended or removed from the Services, (e) you will maintain updated account information as necessary at all times to keep it accurate, current, and complete, (f) you may not make your access credentials or account available to others, (g) you may not sell, transfer, or assign your account with us to anyone else and (h) you are responsible for all activities that occur using your credentials. Please note that your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized usage) of your account and password. Only one account registration is permitted per device. Unless you have entered into a commercial agreement with us permitting you to use the Services for transactions on behalf of another person, you may use the Services only for transactions on your own behalf. FEVR LLC reserves the right to reclaim or require you to change your username/ password for any reason to safeguard your account. We reserve the right to refuse to provide our Services to anyone at any time.

3. Usage and Restrictions

By downloading, installing, registering, and using the Services, you grant consent to our Terms of Use, which only grants you the right to use the app within the scope defined herein. You agree to comply with these Terms and all applicable laws when using the Services.

3.1 Use of the Services. Subject to your compliance with these Terms, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services solely for your own lawful purposes, and solely in the manner permitted under these Terms. Specifically if you are a real estate industry professional, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients. If you use the Services in such capacity, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated herein, these Terms do not provide you with a license to use, reproduce, distribute, display, or provide access to any portion of the Services on third-party websites, mobile applications, software platforms, providers, or otherwise. This license will immediately terminate upon termination of your account or these Terms. FEVR reserves all right, title and interest not expressly granted under this license to the maximum extent permitted by law. Any use of our Services not expressly permitted under this Agreement is strictly prohibited. You agree not to sublicense, assign, or transfer the license granted to you under these Terms. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of these Terms is void.

3.2 Restrictions. You are prohibited from copying or modifying any part of the Services, and you are not permitted to infringe upon our trademarks or IP in any way. You are not permitted to extract the source code of our Services, and you also agree to not scrape or translate the app into any other languages, nor make derivative versions or works of any kind. The Services and all related concepts, softwares, algorithms, models, features, innovations, designs, trademarks, slogans, copyrights, patents, database rights, and all relevant intellectual property rights solely belong to FEVR LLC. User agrees to not and shall not assist or encourage any third party to, (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way; (b.) interfere with or disrupt the integrity or performance of the Services and its contents in any manner; (c) attempt to gain unauthorized access to the Services; (d) remove, alter, or obscure any proprietary notices (including copyright notices) of FEVR or its relevant licensors in connection with the Services; (e) scrape, duplicate, copy, translate, disassemble, decompile, reverse engineer or remanufacture the Services in whole or in part or otherwise attempt to derive the source code of the Services; (f) reverse engineer or access the Services in order to (i.) build a competitive product(s) or service(s), (ii.) build a product using similar ideas, features, designs, functions or graphics of the Services, or (iii.) copy any ideas, features, designs, functions or graphics of the Services; or (ix) otherwise use the Services except as expressly allowed under these Terms of Use.

3.3 Feedback. We welcome ideas, inputs, comments, suggestions or other feedback in connection with your use of the Services (“Feedback”) for improvements. If you provide any of these recommendations, such Feedback is not confidential, and you hereby acknowledge and agree that your Feedback is gratuitous, perpetual, irrevocable, royalty free, and may be used by FEVR without restriction and without compensation to you in any manner. Feedback is considered a type of User Content under these Terms.

3.4 Device. You grant to us the right to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Services. To use any mobile application feature of the Services, you must have a compatible mobile device. We do not warrant that any of our Services will be compatible with your mobile device. You may use mobile data in connection with the Services and may incur additional charges from your wireless provider for using the Services. You agree that you are solely responsible for any applicable charges. We may automatically electronically update the version of the Services that you have installed on a mobile device. You consent to all automatic updates, and understand that these Terms will apply to all updated versions of the Services.

4. Content

4.1 Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, OpenAI hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. OpenAI may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.

4.2 Definition. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively (“Content”). As between the parties and to the extent permitted by applicable law, FEVR may use Content generated to provide, maintain, and improve the Services, comply with applicable law, and enforce our policies. You represent and warrant that you own the Input with all consents, permissions, licenses and rights necessary to provide and license the Input as set forth under these Terms; and that you have the legal capacity necessary to provide and license the Input, and enter into these Terms in the relevant jurisdiction. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms. Accordingly, you hereby grant to FEVR a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Services. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any Content. Additionally, you understand and agree that FEVR shall have no responsibility or liability for any Content and copyrightable materials such as phrases, definitions, text and any other responses, which may be provided in the Services.

4.3 Similarity of Content. With machine learning, the Content may not be unique across users and the Services may generate the same or similar Input and Output in the queries. In such cases, other users may ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.

4.4 Monitoring Content. FEVR may, but with no obligation, to monitor or review Content in the Services. We reserve the right to remove or disable access to any Content for any reason. We may take these actions without prior notification to you.

4.5 Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect facts, laws, or real estate information. Additionally, our data dashboard strives to provide the most updated housing market information. In some cases, the query responses may require ongoing improvements and updates in which accuracy checks may be necessary. For such reasons, you should always do your own due diligence and not solely rely on the factual accuracy of output from our models. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output. It is our aim to provide the highest quality measures to maintain and maximize accuracy. But if you notice that FEVR output contains factually inaccurate information and you would like us to correct the inaccuracy, please submit a correction request to james@fevr.io.

5. Fees and Payments

5.1 Fees and Billing. You will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize FEVR and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Services until payment is received. Fees are payable in U.S. dollars and are due upon invoice issuance. Payments are nonrefundable except as provided in this Agreement.

5.2 Subscription Auto-Renewal; Refund. Where FEVR makes the Services available on a subscription basis, your payment card or other digital payment method will be billed after the free trial period only if you select a payment plan to continue using the Services. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) YOUR SUBSCRIPTION WILL AUTO-RENEW FOR ANOTHER TERM OF THE SAME LENGTH AS THE INITIAL TERM AT THE APPLICABLE TIER LEVEL, (B) WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU FOR YOUR SELECTED SUBSCRIPTION, IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES, FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (C) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR FEVR SUSPENDS OR STOPS PROVIDING ACCESS TO THE SERVICES OR SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS. YOU MAY CANCEL YOUR SUBSCRIPTION ELECTRONICALLY WITHIN YOUR ACCOUNT INTERFACE IN THE SERVICES. IF YOU CANCEL BEFORE THE EXPIRATION DATE OF YOUR CURRENT SUBSCRIPTION, YOU WILL NOT BE ENTITLED TO A REFUND OF ANY AMOUNTS THAT YOU HAVE ALREADY PAID, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

5.3 Taxes. Unless otherwise stated, Fees do not include federal, state, local, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase. Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. We use the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.

5.4 Price Changes. We may from time to time make changes to Paid Subscriptions, including recurring subscription fees, the Prepaid Period (for periods not yet paid), or Codes, and will communicate any price changes to you in advance by posting notice to your account and/or to our website. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the the Services after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, please reach out to james@fevr.io to discuss your options.

5.5 Disputes and Late Payments. If you want to dispute any Fees or Taxes, please contact james@fevr.io within fifteen (15) days of the date of the disputed invoice. If you fail to notify us of a billing issue or dispute as required, you waive your right to such dispute. Undisputed amounts past due may be subject to a finance charge of 1.5% of the unpaid balance per month. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment.

5.6 Free Trial. We offer a specific period of 3 days for our free trial period in which our Services are available to you for evaluation purposes free of charge. Such free trial is subject to any terms and conditions communicated to you at the time you initiate the free trial. FEVR may terminate a free trial at any time in its sole discretion.You may not create more than one account to benefit from credits provided in the free trial of the Services. If we believe you are not using the free trial in good faith, we may charge you standard fees or stop providing you access to the Services.

5.7 Promotional Offers. From time to time, we or others on our behalf may refer or issue coupon codes for Paid Subscriptions at a reduced rate (“Promos”) for a specified or unlimited period of time on an individual basis. If we believe you are not using the Promos in good faith, we may suspend your coupon code, charge you standard fees or stop providing you access to the Services.

6. Third-Party Providers

Any third party software and service providers you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.

6.1 Third-Party Links. We are not responsible for the content of any third-party websites or applications available through the Services. Nothing in the Services, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by FEVR. Your choice to access the link to any other websites is at your own risk, and you should review and comply with all terms and conditions relating to such websites. We reserve the right not to link, or to remove any links, to any website or third-party application at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by FEVR. We have no control over these website links and make no representations or warranties with respect to these websites. Your viewing and use of any third-party websites is at your sole discretion and risk.

6.2 Third-Party Services. If you use the Services in connection with a third-party provider, whether through an integration offered by FEVR or otherwise, you are solely responsible for your use of such third-party provider, including any disclosure or other processing of your Customer Data in connection with such third-party provider. Any use of a third-party service is at your own risk. FEVR will have no liability for your use of any third-party provider in connection with the Services, and disclaims all responsibility for the functionality, security, availability, and operation of any third-party provider. You will provide advance written notice to FEVR if you require assistance with suspending or terminating an integration between a third-party provider and the Services.

6.3 Beta Features. We may, in our sole discretion, invite you to use pre-release or beta features that are not yet generally available to the public. Access to such features may be subject to additional terms to be agreed upon on an individual basis in writing. Any beta features will be considered our proprietary information. FEVR MAKES NO REPRESENTATIONS OR WARRANTIES THAT BETA FEATURES WILL FUNCTION, AND ANY USE OF BETA FEATURES WILL BE AT YOUR OWN RISK.

7. Hosting and Location

The Services are hosted and intended for users in the United States. The services shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal. If you are located outside of the United States and you contact us, please be advised that any information you provide to us will be transferred to the United States and that by submitting information, you explicitly authorize such transfer. We make no claim that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own risk, initiative and are responsible for compliance with all applicable local laws.

8. Term and Termination

8.1 Termination; Modification. These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services. You agree that, without notice, FEVR may terminate these Terms, restrict, or suspend your access to the Services, with or without cause at any time and effective immediately. We may suspend your access to the Services if you do not comply with these Terms, if your use poses a security risk to us or any third party, if you violate and breach these Terms, or if we suspect that your use is fraudulent or could subject us or any third party to liability. These Terms will terminate immediately without notice from FEVR if you in our sole discretion fail to comply with any provision of these Terms. We shall not be liable to you or any third party for the termination or suspension of the Services, or any claims related to such termination or suspension. FEVR and/or the Third-Party Providers may discontinue or modify the Services, or any portion thereof, at any time. You release and agree to indemnify and hold harmless FEVR, and the Third-Party Providers, for any loss or damages arising from or relating to such discontinuation or modification.

8.2 Effect of Termination. Termination by either you or FEVR pursuant to this section shall not relieve you the obligation to pay any Fees accrued or payable to FEVR prior to the effective date of termination. Upon any early termination by you pursuant to this section, we shall have no obligation to refund you any prepaid Fees covering the remainder of the Term, unless otherwise discussed and agreed upon in writing.

9. Indemnification, Disclaimer of Warranties, and Limitations on Liability

9.1 Indemnity. You will defend, indemnify, and hold harmless FEVR, and all of our personnel including employees, officers, directors, managers, partners, agents, and representatives thereof, from and against all claims, liabilities, losses, damages, and expenses of any kind (including attorneys’ fees and costs) arising from or relating to your use of the Services, including but not limited to your Content, any activity in which you engage on or through the Services, information or queries you provide or offer in connection with the Services, and your or your affiliates breach of any of these Terms or violation of any applicable law or the rights of a third party.

9.2 Disclaimer. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE." EXCEPT TO THE EXTENT PROHIBITED BY LAW, FEVR AND ITS AFFILIATES (AND SERVICE PROVIDERS) MAKE NO WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF MALWARE, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED OR DELETED. YOU AGREE TO USE THE SERVICES ONLY AT YOUR OWN RISK. NO ADVICE OR INFORMATION WHETHER VERBAL OR IN WRITING OBTAINED BY YOU FROM FEVR SHALL CREATE ANY WARRANTY ON BEHALF OF FEVR. THE DISCLAIMERS IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU HAVE STATUTORY RIGHTS OR WARRANTIES WE CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUTORILY REQUIRED RIGHTS OR WARRANTIES, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

9.3 Limitations of Liability. IN NO EVENT SHALL FEVR AND ITS THIRD-PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER LOSSES, EVEN IF FEVR OR ANY THIRD-PART PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH FEVR IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH OUR SERVICES IS TO UNINSTALL ANY FEVR SOFTWARE AND TO STOP USING THE SERVICES. FOR CLARITY AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, FEVR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS, EXPENSES, DAMAGES, OR LIABILITIES, AND USER SHALL BEAR ALL RESPONSIBILITY WITH RESPECT TO ANY DAMAGES OR LIABILITIES (INCLUDING THIRD PARTY CLAIMS) CAUSED BY OR ARISING FROM: (A) ANY VIOLATION BY USER OF ANY APPLICABLE LAW ASSOCIATED WITH USER DATA; (B) THE ACTION OR INACTION OF USER (UNLESS AT THE SPECIFIC DIRECTION OF FEVR); OR (C) USER’S FAILURE TO FULFILL ITS RESPONSIBILITIES HEREUNDER. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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”. IF YOU ARE USING OUR SERVICES FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF, OR INABILITY TO USE OUR SERVICES; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF OUR SERVICES; (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE FEVR AND ITS PERSONNEL INCLUDING AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF OUR SERVICES; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST FEVR FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF FEVR AND ITS OFFICERS, AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS SECTION AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR FIFTY DOLLARS ($50). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9.4 LIMITATION ON TIME TO FILE CLAIMS YOU AND FEVR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

10. DISPUTE RESOLUTION

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED I N CONTRACT, TORT, STATUTE , FRAUD , MISREPRESENTATION OR ANY OTHER LEGAL THEORY (“Dispute”), WILL BE RESOLVED VIA ALTERNATIVE DISPUTE RESOLUTION INSTEAD OF IN COURT BY A JUDGE OR JURY. In the event of a Dispute, each Party will promptly appoint a knowledgeable, responsible, and authorized representative to meet and negotiate in good faith to resolve the dispute. The parties will attempt to settle any controversy or claim arising out of or relating to this Terms of Use, or the breach thereof, through friendly consultation between the parties. If within thirty (30) days from the initial receipt by the allegedly offending party of notice of the controversy, claim or breach (the “Consultation period”) settlement cannot be reached, the controversy or claim will be settled by binding arbitration conducted before a single arbitrator who is knowledgeable in commercial law and laws and practices regarding information/database licensing. The Parties will cooperate with one another in selecting a mediation service and will cooperate with the mediation service, and with one another, in selecting a neutral mediator and in scheduling the mediation proceedings. The arbitration will be conducted in accordance with the then applicable Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party will bear its own costs and expenses, including fees and expenses of counsel, associated with the arbitration. The place of arbitration shall be Phoenix, Arizona, USA. The arbitrator will not be empowered to award punitive damages except for willful misconduct. The arbitrator shall award to the prevailing Party, if any, as determined by the arbitrator, all of their costs and fees (e.g., reasonable pre-award expenses of the arbitration, including arbitrator fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone charges, witness fees, and attorneys' fees). Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both Parties. The Parties agree that failure or refusal of a Party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that Party to present evidence or cross-examine witnesses. YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

(i) MANDATORY ARBITRATION. You and FEVR agree to resolve any past or present claims relating to these Terms or our Services through final and binding arbitration, except that you have the right to opt out of these arbitration terms, and prospective changes to these arbitration terms, by contacting james@fevr.io within 30 days of agreeing to these arbitration terms or the relevant changes.

(ii) Informal Dispute Resolution. We would strive to understand and address your concerns prior to formal legal action. Before filing a claim against FEVR, you agree to attempt to resolve the dispute informally by sending us notice at james@fevr.io with your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process.

(iii) Arbitration Procedures. The arbitration will be conducted by telephone, based on written submissions, video conference, or in person in Phoenix, Arizona or at another mutually agreed location. The arbitration will be conducted by a sole arbitrator by ADR Services under its then-prevailing rules. All issues are for the arbitrator to decide, except an Arizona court has the authority to determine (i) the scope, enforceability, and arbitrability of this section, including the mass filing procedures below, and (ii) whether you have complied with the pre-arbitration requirements in this section. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.

(iv) Exceptions. This arbitration section does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.

(v) NO CLASS ACTIONS. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.

(vi) Mass Filings. If, at any time, 35 or more similar demands for arbitration are asserted against FEVR or related parties by the same or coordinated counsel or entities (“Mass Filing”), ADR Services will randomly assign sequential numbers to each of the Mass Filings. Claims numbered 1-10 will be the “Initial Test Cases” and will proceed to arbitration first. The arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference, unless the claims are resolved in advance or the parties agree to extend the deadline. The parties will then have 90 days (the “Mediation Period”) to resolve the remaining cases in mediation based on the awards from the Initial Test Cases. If the parties are unable to resolve the outstanding claims during this time, the parties may choose to opt out of the arbitration process and proceed in court by providing written notice to the other party within 60 days after the Mediation Period. Otherwise, the remaining cases will be arbitrated in their assigned order. Any statute of limitations will be tolled from the time the Initial Test Cases are chosen until your case is chosen as described above.

(vii) Severability. If any part of this section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow Mass Filing or class or representative arbitration, this section will be unenforceable in its entirety. Nothing in this section will be deemed to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.

11. Force Majeure

Without limiting any other provision in these Terms, FEVR is not responsible or liable to Customer for delay or failure to perform its obligations in the event that any of our operations or activities are affected by any cause or event beyond the sole and reasonable control of FEVR (as determined by us in our sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, pandemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, internet service failure, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.

12. DIGITAL MILLENNIUM COPYRIGHT ACT

We will respond to notices of alleged copyright infringement that comply with applicable law. If you are a copyright owner or an agent thereof and believe in good faith that any user submission or other content in our Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing FEVR with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; - A description of the copyrighted work that you claim has been infringed; - Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the FEVR to locate the material - A statement that the information in the written notice is accurate. - Information reasonably sufficient to permit FEVR to contact you, such as your name, address, phone number, and email address; - A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Regarding DMCA claims, please email us at james@fevr.io If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly misrepresent your claim, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the DMCA.

13. GENERAL PROVISIONS

Use of Branding. You may not use FEVR’s name, logo, designs, product identifiers, slogans, or trademarks in any for-profit, publicity, and commercial manner without the prior written consent from FEVR.

Relationship of the Parties. These Terms do not create a partnership, joint venture, employment or agency relationship between you and FEVR. You and FEVR are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.

No Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms.

Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.

Notices. All notices will be in writing. We may notify you using the registration details you provided including your email address and phone number associated with your use of the Services, which will be deemed given on the date of receipt that is delivered electronically.

Consent to be Contacted. By submitting information to FEVR through our mobile application, website, or otherwise, you are making an inquiry to our Services and grant FEVR permission to contact you through e-mail, telephone, or any means, even if your phone number is on a "Do Not Call" list. If you provide, or have provided, a phone number to us, you expressly agree that we may contact you at that number in order to provide you with informational and service messages, including via text message and/or by using automated telephone technology. Standard message and data rates may apply. You can opt-out of text messages by replying “STOP” to the sender. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided. Please be aware that we may record or monitor telephone calls for quality assurance.

No Legal, Financial, or Tax Advice. No financial, legal, tax advice or counsel, or other professional services is given, or shall be deemed to have been given by FEVR and its Services. You should evaluate all information, content, and analyses provided by our Services in consultation with your legal, tax, financial or other advisor(s), as appropriate.

Revisions. FEVR may at any time revise these Terms by updating this document posted on our website and mobile application. You agree to be bound by subsequent amendments and agree to review these Terms periodically for changes. The most current version of this document will be available for your review under the “Terms of Use” link that appears on the FEVR website and mobile application.

Equitable Remedies. You acknowledge that if you violate or breach these Terms of Use, it may cause irreparable harm to FEVR, which shall have the right to seek injunctive relief against you in addition to any other legal remedies.

Repeat Infringers. We reserve the right in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Entire Agreement. These Terms and any policies incorporated in these Terms contain the entire agreement between you and FEVR regarding the use of the Services and, other than any Service specific terms of use or any applicable enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and FEVR on that subject.

Jurisdiction, Venue, Waiver and Severability. You agree that these Terms shall be governed by and interpreted in accordance with the laws of the State of Arizona, without giving effect to principles of conflicts of law. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in Maricopa County, Arizona, and you hereby irrevocably consent to the personal jurisdiction and venue therein. If you do not comply with these Terms, and FEVR does not take action right away, this does not indicate that FEVR is giving up any of our rights. If any provision of these Terms is deemed invalid, unlawful, void or unenforceable for any reason by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.