1. ACCEPTANCE OF TERMS

• This Terms govern your access and use of the Robin Platform and/or the Robin Services including any content, component, functionality and/or service offered thereon or therethrough.
• BY USING, ACCESSING, DOWNLOADING, USING, PURCHASING OR SUBSCRIBING TO THE ROBIN SERVICES AND/OR THE ROBIN PLATFORM, YOU INDICATE YOUR ACCEPTANCE OF THE FOLLOWING TERMS. AT ANY POINT THAT YOU DO NOT AGREE TO THESE TERMS (OR ANY UPDATES TO OR MODIFIED VERSIONS THEREOF), YOU SHOULD DISCONTINUE USE OF ROBIN PLATFORM AND/OR ROBIN SERVICES IMMEDIATELY.
• Your use of Robin Platform and/or Robin Services is governed by the version of the Terms in effect on the date the Robin Platform and/or Robin Services is accessed by You. Robin may modify these Terms at any time and without notice. You should review the most current version of these Terms by regularly visiting Robin Platform and clicking on the “Terms” hyperlink or any such hyperlink that reasonably indicates to contain this Terms.
• The Robin Platform and/or Robin Services may offer You the option to enter into relationships and agreements with Third-Party Providers (defined hereunder) for access to additional services. As a condition to having access to those Third-Party Provider services, You may be required to enter into various agreements with a Third-Party Provider such as, for example, any customer, service or account agreements. Robin does not make any representation as to the qualification of any Third-Party Provider and shall not have any liability that may arise pursu

2. GENERAL

The Robin Platform may include or make available certain content (the “Content”), which includes, without limitation: (1) account management tools; (2) company names, logos, product and service names, trade names, trademarks, and services marks (collectively, “Marks”) owned by Robin, and Marks owned by Third-Party Providers; and (3) any other information, content, services, or software. You acknowledge that certain Content made available by, through or on the Platform is supplied, distributed, provided, or delivered by a Third-Party Provider (the “Third-Party Content”).

3. AGE RESTRICTIONS

• No use by Underage Persons. The Robin Services and/or Robin Platform are intended only for legal adults. No persons under the age of eighteen (18) years (or the age of majority in places where eighteen (18) years is not the age of majority) may attempt, directly or indirectly, to vi
• You must be a legal adult. By accepting these Terms, creating a User Account (as defined below), and entering a date of birth for age verification purposes, You affirmatively represent and warrant that:
  • You are currently eighteen (18) years of age or over (or the age of majority in places where eighteen (18) years is not the age of majority);
  • You are capable of lawfully entering into and performing all the obligations set forth in this Terms;
  • 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
  • iv. You are not on any U.S. government prohibited or restricted lists.

4. SAFETY

• Please note that Robin does not control any of the things Users say or do. You are solely responsible for Your use of the Robin Services and/or the Robin Platform and Your interactions with other users (whether on or off the Robin Services and/or the Robin Platform). Robin makes no representations or warranties as to the conduct, identity, intentions, legitimacy, or veracity of any users.
• Robin does not currently conduct criminal or other background screenings of our users. Robin reserves the right to conduct any criminal background check or other screenings (such as sex offender registration searches) at any time and to use available public records for any purpose.
• Robin does not inquire into the backgrounds of our users or assume the obligation to verify the information provided by our users in connection with account creation, including the accuracy of the date of birth reported for age verification purposes.
• Robin does not verify the information provided by users with respect to users’ identity, health, physical condition, or otherwise.
• Robin is a sex-positive platform. You acknowledge that you may receive access to user-generated content that could be considered objectionable in certain contexts.
• You understand that Robin is not responsible for activities or legal consequences of your use in locations which may attempt to criminalize or limit your personal interactions. You must make your own informed decisions about use of the Robin Services and/or the Robin Platform in your location and assess any potential consequences.

5. IMPORTANT WARNING

As explained in our Privacy Policy, some users who may use the Robin Platform in an unauthorized manner, or other users who change their location while you remain in the same location, may use distance information to determine your exact location and may be able to determine your identity. The Robin Services and/or Robin Platform are intended only as personal, location-based services for individual use and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other application in which the failure or inaccuracy of that application or the Robin Services could lead directly to death, personal injury, or severe physical or property damage. Robin Platform and/or Robin Services are not suited or intended for family finding purposes, tracking, or any other type of business or enterprise use. There exist other services

6. INTERNATIONAL USERS

• The Robin Services are controlled and offered by Robin from the United States of America and, regardless of Your place of residence, Your use of them is governed by the law of the State of California, USA. Robin makes no representations that the Robin Platform and/or the Robin Services are appropriate for use in other locations or are legal in all jurisdictions. Those who access or use the Robin Services from other locations do so at their own risk and are responsible for compliance with local law. You agree and acknowledge that You are transferring Your data for processing in the United States of America and other jurisdictions throughout the world that may not afford the same protections as your country of residence. Please see our Privacy Policy for more information on how we collect, use, and transfer Your data.
• In the event of a discrepancy between this English language version of this Terms and any translated copies of this Terms, the English version shall prevail.

7. YOUR ACCOUNT REGISTRATION; YOUR ACCOUNT USE

• If You create an account on any of the Robin Services and/or the Robin Platform (a “User Account”) and submit information to Us, You must ensure that such information is accurate and promptly updated as necessary. By accepting this Terms and creating a User Account, You affirmatively represent and warrant that You have entered your accurate date of birth for age verification purposes.
• Accounts are for Your Personal, Individual Use Only. You may not use anyone else’s account at any time. You may not buy, sell, rent, or lease access to Your User Account or Your username without Our written permission. You will not share or otherwise transfer Your User Account or credentials.
• You are entirely responsible for maintaining the confidentiality of Your password and account. You agree to notify Robin immediately of any unauthorized use of Your account or any other breach of security.
• You are responsible for taking all necessary precautions to ensure that any material you may obtain from Robin is free of viruses or other harmful components.
• Robin is not responsible for any damage to your computer hardware, computer software, device, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
• Robin has no obligation to retain a record of Your account or any data or information that You may have stored for Your convenience by means of Your account or the Robin Services. The Robin Services are not intended for data storage. You are solely responsible for backing up your data (e.g., separately saving the contact information of individuals you meet through the Robin Services).

8. PRIVACY POLICY

Robin takes user privacy and data security very seriously. We have a separate policy — the Privacy Policy — about our policies and practices that You should read. For information about how Robin collects, uses, and shares your personal data, please check out our Privacy Policy. By using the Robin Services and/or Robin Platform, you agree that we may use your personal data as set forth in Our Privacy Policy.

9. SERVICE MODIFICATIONS

• We reserve the right, at Our discretion, to modify, add, or discontinue the Robin Services or any portion thereof, at any time, for any reason, and without liability to You except as may be otherwise provided in this Terms.
• We reserve the right at any time to charge fees for access to all or portions of the Robin Services and change any such pricing at any time.

10. OUR OWNERSHIP; OUR PROPRIETARY RIGHTS

The Robin Services are owned and operated by Robin Family Technologies Inc. The Robin Services, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including the mobile device applications, and all other elements of the Robin Services (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Robin Services are the property of Robin or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Robin Services are proprietary to Robin or its affiliates and/or third-party licensors. Except as expressly authorized by Robin under this Terms, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise use the Materials.

11. GUIDELINES OF YOUR USE; USAGE RULES; PROHIBITED CONDUCT & USES

• Robin may require that You delete, or Robin may delete, any User Content (as defined below) at any time for any reason, or no reason whatsoever. Any violation of this Terms by Your User Content, as determined by Robin, may result in Your User Account being banned and may lead to the termination of Your access to the Robin Services.
• YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS REGARDING PROHIBITED CONDUCT AND USES:
  • You will NOT use the Robin Services if You are not a legal adult; You will NOT communicate with another user that You know or believe may not be a legal adult; and You will immediately report any underage profiles on the Robin Services;
  • You will NOT engage in any behaviour that violates the policies applicable to the Robin Services;
  • You will NOT use the Robin Services or any information displayed within the Robin Services to “stalk,” harass, abuse, defame, threaten, defraud, or otherwise mistreat other Users;
  • You will NOT violate the privacy or other rights of Users, or collect, attempt to collect, store, or disclose without permission the location or personal information about other Users;
  • You will NOT include obscene, offensive, pornographic, or violent materials, or materials that may otherwise offend human dignity (including, for example, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, disability, sexual orientation, gender expression, gender identity, or physical appearance) on Your Robin Services personal profile page;
  • You will NOT use the Robin Services for any commercial or non-private use, such as the sale or advertisement of goods or services, attempts to conduct surveys through the Robin Services, solicitation for services, or providing links to other websites or premium line telephone numbers;
  • You will use the Robin Services for personal, non-commercial use only in the manner and for the purposes that We intend;
  • You will NOT use the Robin Services for the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control;
  • You will NOT include material on Your personal profile page which contains video, audio, photographs, or images of any person under the age of eighteen (18) at all or any person over the age of eighteen (18) without his or her express permission;
  • You will NOT make unsolicited offers, advertisements, proposals, or send junk mail to other Users of the Robin Services. This includes unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;
  • You will NOT impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Robin User Accounts of other Users;
  • You will NOT misrepresent the source, identity or content of information transmitted via the Robin Services;
  • You will NOT display the Robin application or profile data on any external display or monitor or in any public setting;
  • You will NOT remove, circumvent, disable, damage or otherwise interfere with security-related features of the Robin Services, features that prevent or restrict use or copying of any content accessible through the Robin Services, or features that enforce limitations on use of the Robin Services;
  • You will NOT intentionally interfere with or damage operation of the Robin Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
  • You will NOT post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libellous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
  • You will NOT post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other rights of any person;
  • You will NOT use the Robin Services with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
  • You will NOT use the Robin Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Robin Services could lead to death, personal injury, or physical or property damage;
  • You will NOT attempt to gain unauthorized access to the Robin Services, or any part of it, other accounts, computer systems or networks connected to the Robin Services, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the Robin Services or any activities conducted on the Robin Service;
  • You will NOT probe, scan, or test the vulnerability of the Robin Services or any system or network; use any robot, spider, scraper or other automated means to access the Robin Services for any purpose without Our express written permission; bypass Our robot exclusion headers or other measures that We may use to prevent or restrict access to the Robin Services; modify the Robin Services in any manner or form; use or develop any application or other product that interacts with the Robin Services or provides access to other Users’ content or information without Our written permission; or use modified versions of the Robin Services, including for the purpose of obtaining unauthorized access to the Robin Services; and
  • You will NOT interfere with anyone’s ability to use or enjoy the Robin Service, or aid or encourage any activity prohibited by this Terms.

12. YOUR USAGE

• You acknowledge that some of the Robin Services may only be accessed by downloading the Robin Platform to a mobile device. You will not have the opportunity to view Your User Content (including chat) unless You have downloaded the Robin Platform and registered an account.
• ROBIN RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY USER’S USE OF THE ROBIN SERVICES, INCLUDING A USER’S REGISTRATION OR MESSAGING, AS WELL AS A USER’S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, ROBIN ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO THE ROBIN SERVICES, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER USERS OR (B) TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE OR OUR BEING LIABLE TO YOU. REFUNDS WILL ONLY BE GIVEN WHERE EXPRESSLY PROVIDED IN THIS TERMS.
• You alone are responsible for Your involvement with other Users and for all content and material that You provide to the Robin Services. You agree that Robin will not be responsible for any loss or damage incurred as the result of any such interactions. Robin reserves the right, but has no obligation, to monitor disagreements between You and other Users.
• Robin does not control the content of User Accounts and profiles. Robin has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that You are solely responsible for all content and material that You provide to the Robin Services.

13. OUR REFUSAL OR SUSPENSION OF YOUR SERVICE

• You may terminate Your Account at any time for any reason, by following the instructions given in the Robin Services. Upon the cancellation of Your account, this Terms will immediately terminate, except as otherwise provided in this Terms.
• If You have a User Account set up for recurring billing for any paid service, You may cancel Your User Account at any time. You will continue to have the same access to such service for any billing period or periods for which You have paid.
• Robin may suspend or terminate any User Account You have with the Robin Services or Your access to or use of the Robin Services or any portion thereof, if Robin believes that Your profile content or Your conduct within the Robin Services violates Our Terms or you have otherwise breached this Terms.
• Robin may also remove and discard all or any part of Your User Account or any User Content (as defined below), at any time. You agree that any termination of Your access to the Robin Services or any User Account You may have or portion thereof may be effected without prior notice (except as otherwise provided in this Terms), and You agree that Robin will not be liable to You or any third party for any such termination and refunds will only be given where expressly provided in this Terms.
• Without limitation of our other rights, We reserve the right to delete all Your User Content from the Robin Services upon any termination or cancellation of Your User Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of the Robin Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Robin may have at law or in equity.
• If you have subscribed for a paid service, Robin will give you at least 30 days’ notice of termination of Your access to the Robin Services or any User Account unless Your profile content or Your conduct within the Robin Services violates Our Terms of Service or You have otherwise breached this Terms, in which case Robin may suspend or terminate Your access to the Robin Services or any User Account immediately.
• If You have subscribed for a paid service and Robin terminates Your access to the Robin Services or any user Account, Robin will give a pro-rata refund for any amounts pre-paid, but unused for such subscribed paid service; provided that if Robin terminates Your access to the Robin Services or any User Account because You have violated Our Terms of Service, Robin will be entitled to retain the amounts that You paid for the Robin Services. But where required by law, Robin will only retain an amount to cover all costs and other losses it incurs as a result of the violation or breach, which may still mean that no refund is payable.
• You acknowledge and agree that Google, Apple, or another third-party platform provider (as applicable, based on the device and operating system You use) may be the merchant of record for transactions involving the Robin Services. As such, you may need to request any refund to which You are entitled under this Terms through the App Store, Google Play, or other third-party platform (as applicable).
• If You believe that Robin has suspended or terminated Your User Account in error, You may contact Us at hello@joinrobin.co at any time.

14. USER CONTENT

• The Robin Services allow the submission of content and materials (such as pictures, ideas, notes, concepts, or creative suggestions) by You and other Users to Robin and other Users (“User Content”), and the hosting, sharing and/or publishing of such User Content with Robin and other Users.
• As set forth in this Terms, You are solely responsible for Your own User Content, the consequences of posting or publishing User Content, and for Your interactions with other users.
• In connection with User Content, You represent and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Robin to use, all intellectual property and any other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Robin Services and this Terms; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Robin Services and this Terms. For clarity, You shall retain all of Your ownership rights in Your User Content.
• You understand that when using the Robin Services, You will be exposed to User Content from a variety of sources, and that Robin is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable.
• Robin assumes no responsibility whatsoever in connection with or arising from User Content. Robin assumes no responsibility for actively monitoring User Content for inappropriate content. If at any time Robin chooses, in its sole discretion, to monitor User Content, Robin nonetheless assumes no responsibility for the content of the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting User Content.
• Robin does not endorse and has no control over the content of User Content submitted by other Users. Robin makes no warranties, express or implied, as to the content of User Content or the accuracy and reliability of any User Content. Nonetheless, Robin reserves the right to prevent You from submitting User Content and to edit, restrict or remove User Content for any reason at any time.
• User Content is owned by the User who submitted it, subject to Robin’s license to such User Content under this Terms. You may not share, display or duplicate the User Content of any other party, except as permitted under this Terms.
• You hereby grant, and You represent and warrant that You have the right to grant, to Robin an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your User Content, (through unlimited tiers of sublicenses), solely for the purposes of including Your User Content in the Robin Services and as otherwise permitted by this Terms. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content. You also hereby grant to Robin, in connection with a sale of Robin or the assets of Robin, the right to sell or transfer the User Content to a third party. Please see Our Privacy Policy for additional information about the use, collection, or sharing of Your information, including User Content.
• If You provide Robin with any feedback or suggestions regarding the Robin Services (“Feedback”), You hereby grant Robin the perpetual, irrevocable, worldwide license (with the right to sublicense) to use such Feedback and related information in any manner it deems appropriate. Robin will treat any Feedback You provide to Robin as non-confidential and non-proprietary to You. Robin will have no obligation under any circumstances to compensate You for any Feedback. You agree that You will not submit to Robin any information or ideas that You consider to be confidential or proprietary, or for which You expect to be compensated.

15. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS

• The Robin Services may include links to other web sites or services, whether through advertising or otherwise, (“Third-Party Websites”) solely as a convenience to Users. Robin does not endorse any such linked sites, or the information, material, products or services contained on other linked sites or accessible through other linked sites.
• Furthermore, Robin makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products, and services on linked sites or available through linked sites is solely at Your own risk. We do not control these Third-Party Websites and this Terms does not apply to companies that Robin does not own or control, or to the actions of people that Robin does not employ or manage. You should always check the terms of use posted on Third-Party Websites.
• Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Robin Services are solely between You and such advertiser. You agree that Robin will not be responsible or liable 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 advertisers on the Robin Services.
• Parties other than Robin may provide services or sell products via the Robin Services. We are not responsible for examining or evaluating, and We do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Robin does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review the third parties’ privacy statements and other terms and conditions of use.
• By Your use of third-party applications that connect with the Robin Services (“Third- Party Applications”), You acknowledge and agree that Robin may transmit User Content to Third-Party Websites or Third-Party Applications through application protocol interfaces developed and maintained by those Third-Party Websites or Third-Party Applications.
• Robin is not responsible for the transmission of the User Content from the Robin Services to Third-Party Websites or Third-Party Applications, nor the use of the User Content on any Third-Party Websites or Third-Party Applications. You should review the terms of service and privacy policies of any Third-Party Websites or Third-Party Applications. Please remember the way Third-Party Applications use, store, and disclose your information is governed solely by the policies of those Third-Party Applications, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the Services. Robin is not responsible for and does not endorse any features, content, or other materials on or available from Third-Party Sites or Third-Party Applications. Robin also does not screen, audit, or endorse Third-Party Sites or Third-Party Applications. Accordingly, if You decide to access Third-Party Sites or Third-Party Applications, You do so at Your own risk and agree that Your use of any Third-Party Sites or Third-Party Applications is on an “as-is” basis without any warranty as to the Third-Party Sites or Third-Party Applications’ actions, and that this Terms does not apply to Your use of any Third-Party Sites or Third-Party Applications.
• You acknowledge and agree that Robin may incorporate Your User Content and location information for User Accounts from the Robin Services with third-party information sources and third-party applications in the provisioning of the Robin Services.
• To the extent that any of Your User Content contains Your personal data (as defined in the Privacy Policy), any transfer of such personal data will be subject to Out Privacy Policy and the Third-Party's privacy policy.

16. ADVERTISING

Robin and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice or Our being liable to You.

17. END USER LICENSES

• To use the Robin Software, You must have a mobile device that is compatible with the Robin Services. Robin does not warrant that the Robin Services will be compatible with Your mobile device. You are responsible for any mobile charges that You may incur for using the Robin Services, including text-messaging, roaming charges, and data charges. If You are unsure about the charges that will apply, please contact Your mobile service provider before using the Robin Services.
• Subject to Your compliance with the terms of this Terms, Robin hereby grants You a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of the Robin Software for Your Account on a mobile device owned or leased solely by You, for Your personal, non-commercial use and (ii) use the Robin Services (other than the Robin Software) for Your personal, non-commercial use for the use intended by Robin, as publicly communicated by Robin from time to time.
• You may NOT: (i) modify, disassemble, decompile or reverse engineer the Robin Services or any technology made available in connection with the Robin Services, except to the extent that such restriction is expressly prohibited by law without possibility of contractual waiver; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Robin Services to any third party or use the Robin Services to provide time sharing or similar services for any third party; (iii) make any copies of the Robin Services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Robin Services, features that prevent or restrict use or copying of any content accessible through the Robin Services, or features that enforce limitations on use of the Robin Services; or (v) create extensions of, products related to, or that interoperate with, the Robin Services, except to the extent that such restriction is expressly prohibited by law without possibility of contractual waiver; or (vi) delete the copyright and other proprietary rights notices on the Robin Services.
• You acknowledge that Robin may from time-to-time issue upgraded versions of the Robin Services, and may automatically electronically upgrade the version of the Robin Services that You are using on Your mobile device or otherwise. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of this Terms will apply to all such upgrades. You agree that Robin will not be liable to You for any such upgrades.
• To the extent that the Robin Services utilize any open source or third-party code that may be incorporated in the Robin Services, such open source or third-party code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
• The foregoing license granted under this Terms is not a sale of the Robin Services or any copy thereof and Robin or its third-party partners or suppliers retain all right, title, and interest in the Robin Services (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Terms, is void. Robin reserves all rights not expressly granted under this Terms.

18. TRADEMARKS, SERVICE MARKS AND LOGOS

• The names and logos associated with the Robin Services are the property of Robin. No use of these marks is permitted except through the prior written authorization and permission of Robin. All rights reserved.
• The Robin Services are intended for the use by individuals, not government entities. If Robin authorizes the use of the Robin Services on behalf of the United States Government or the United States Government uses the Robin Service without authorization, then use, duplication, display, modification, reproduction, release, performance, distribution and disclosure of the Robin Services (or portion thereof) by the U.S. Government is subject to restrictions set forth in this Terms and as provided in applicable regulations including the DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Otherwise, nothing in this Terms or otherwise will give a government user rights to the Robin Services broader than those set forth in this Terms.

19. EXPORT CONTROL

The Robin Services originate in the United States and are subject to United States export laws and regulations. The Robin Services may not be exported or re-exported by You to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Robin Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Robin Services.

20. APP STORES

You acknowledge and agree that the availability of the Robin Services is dependent on the third party from which You received the Robin Services, e.g., the Google Play Store or Apple App Store (each, an “App Store”). You acknowledge that this Terms is between You and Robin and not with the App Store. Each App Store may have its own terms and conditions to which You must agree before downloading the Robin Services from it. You agree to comply with, and Your license to use the Robin Services is conditioned upon Your compliance with, all applicable terms and conditions of the applicable App Store.

21. OUR DISCLAIMERS; NO WARRANTIES TO YOU

• CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
• THE ROBIN SERVICES AND ANY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ROBIN SERVICES ARE PROVIDED, TO THE FULLEST EXTENT PERMITTED BY LAW, “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ROBIN, AND ITS SUPPLIERS, AFFILIATES, AND LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
• ROBIN AND ITS SUPPLIERS AND LICENSORS, DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ROBIN SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ROBIN SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• ROBIN AND ITS SUPPLIERS AND LICENSORS (INCLUDING ROBIN’S THIRD-PARTY WIRELESS CARRIER LICENSORS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER ROBIN SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ROBIN OR ITS SUPPLIERS OR LICENSORS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE ROBIN SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE ROBIN SERVICES AT YOUR OWN DISCRETION AND RISK.
• ROBIN TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE ROBIN SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ROBIN SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
• ROBIN DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE ROBIN SERVICES.

22. YOUR INDEMNIFICATION OF US; YOU HOLD ROBIN HARMLESS

• You agree, to the fullest extent permitted under applicable law, to indemnify, defend, and hold Robin (and its affiliated companies, contractors, employees, agents, suppliers, licensors, successors, and assigns) harmless from any and all claims, demands, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees or any right of contribution, indemnification, subrogation, or any similar right, brought by a third party arising out of or in any way related to:
  • Your access to, use of, or misuse of the Robin Services (including Your use or misuse of any location data);
  • Your interactions with other users on the Robin Services or off of the Robin services (including any violation by You of the rights of any other person or entity);
  • Your breach of this Terms Or any other policies governing the Robin Services, including the Guidelines; or
  • Any third-party site, products, services, and links included on or accessed through the Robin Service.
• Robin reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Terms and Your use of the Robin Services.

23. LIMITATION OF OUR LIABILITY AND OF YOUR DAMAGES

• CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE PROVISIONS BELOW MAY NOT APPLY TO YOU.
• YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL ROBIN (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY LICENSORS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) YOUR USE OF THE ROBIN SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (C) YOUR USE OR INABILITY TO USE THE ROBIN SERVICES; (D) THE ROBIN SERVICES GENERALLY (INCLUDING THE ROBIN SOFTWARE) OR SYSTEMS THAT MAKE THE ROBIN SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH ROBIN OR ANY OTHER USER OF THE ROBIN SERVICES, EVEN IF ROBIN OR A ROBIN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS TERMS AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
• IN NO EVENT SHALL ROBIN’S (OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, SUPPLIERS’, OR THIRD-PARTY LICENSORS’ OR SUPPLIERS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS TERMS OR YOUR USE OF THE ROBIN SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE ROBIN SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER.
• THIS SECTION IS NOT INTENDED TO EXCLUDE LIABILITY THAT ROBIN MAY NOT EXCLUDE UNDER APPLICABLE LAW.
• YOU ACKNOWLEDGE THE BENEFIT OF THE BARGAIN WITH ROBIN. YOU ACKNOWLEDGE AND AGREE THAT ROBIN HAS OFFERED THE ROBIN SERVICES, SET ITS PRICES, AND ENTERED INTO THIS TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ROBIN, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ROBIN. ROBIN WOULD NOT BE ABLE TO PROVIDE THE ROBIN SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

24. YOU RELEASE US

• To the fullest extent permitted by applicable law, You hereby release and forever discharge Us (and Our affiliated companies, contractors, employees, agents, suppliers, licensors, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, property loss and damage, or any right of contribution, indemnification, or subrogation), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to:
  • Your access to, use of, or misuse of the Robin Services (including Your use or misuse of any location data);
  • Your interactions with other users on the Robin Services or off of the Robin services (including any violation by You of the rights of any other person or entity);
  • Your breach of this Terms or any other policies governing the Robin Services; or
  • Any third-party site, products, services, and links included on or accessed through the Robin Service.
• If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

25. RESOLVING OUR DISPUTES; AGREEMENT TO ARBITRATE

Please read the following arbitration provision in this carefully. Unless you opt out in the manner described below, this arbitration provision requires you to arbitrate disputes with Robin and limits the manner in which you seek relief from us.

• You and Robin agree that any dispute that has arisen or may arise between us relating in any way to Your use of or access to the Robin Services, any validity, interpretation, breach, enforcement, or termination of this Terms, or otherwise relating to Robin in any way (collectively, “Covered Dispute Matters” or “Disputes”) will be resolved in accordance with the provisions set forth in this Section 25.
• You and Robin agree that good faith, informal efforts to resolve Disputes can result in a prompt, low-cost, and mutually beneficial outcome. You and Robin therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this arbitration provision (“Informal Dispute Resolution Conference” or “Conference”). If You are represented by counsel, Your counsel may participate in the conference, but You will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate a Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties.
• Notice to Robin that You intend to initiate a Conference should be sent by email to hello@joinrobin.co. The Notice must include: (1) Your name, phone number, mailing address, and the email address associated with Your User Account (if You have one); (2) the name, telephone number, mailing address and email address of Your counsel, if any; and (3) a description of Your Dispute. The Conference shall be individualized such that a separate Conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Conference unless all parties agree.
• In the time between a party receiving the Notice and the Conference, nothing in this arbitration provision shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Conference process required by this section.
• You and We agree that United States federal law including Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of California, USA, without regard to conflict of laws principles, will govern all Covered Dispute Matters, except as may be expressly provided in the Special Terms.
• You and We agree that this provision and each of its parts evidence a transaction involving interstate commerce, and the FAA applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Dispute Matter must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel) available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.
• A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include (1) the name, telephone number, mailing address, email address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable User Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Information Dispute Resolution process as above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
• If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
• 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 thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under subsection (s) is triggered, the AAA will appoint the arbitrator for each batch.
• Unless you and Robin otherwise agree, or the Batch Arbitration process discussed in subsection (s) below is triggered, the arbitration will be conducted in the county where you reside.
• You and We agree that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Terms, including any claim that all or any part of this Terms is void or voidable or a particular claim is subject to arbitration, except for the following: (1) all disputes arising out of or relating to subsection (aa) of this Section including any claim that all or part of that same subsection is unenforceable, illegal, void or voidable, or that that same subsection has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in subsection 9, all disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all disputes about which version of the arbitration provision applies shall be decided only by a court of competent jurisdiction and not by an arbitrator.
• You and We agree that for matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.
• The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same Robin User to the extent required by applicable law. You and We agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
• Subject to this Arbitration provision, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection (s) entitled “Batch Arbitration.”
• Notwithstanding anything to the contrary in this Arbitration Terms, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief ), You and Robin agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent You or Robin from participating in a class-wide settlement of claims.
• There are only two exceptions to this provision to arbitrate:
  • First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
  • Second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
• You and We agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this provision to arbitrate. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the dispute or the relief sought in the request for arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
• Batch Arbitration - To increase the efficiency of administration and resolution of arbitrations, You and Robin agree that in the event that there are one hundred (100) or more individual requests for arbitration of a substantially similar nature filed against Robin by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 requests per batch (plus, to the extent there are less than 100 requests left over after the batching described above, a final batch consisting of the remaining requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
• All parties agree that requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by the disputing parties jointly.
• You and Robin agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
• This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this subsection.
• Notwithstanding any provision in this Terms to the contrary, You and We agree that if We make any amendment to this Terms to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Robin prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between You and Robin. If You do not agree to these amended terms, You may close Your User Account within thirty (30) days of the posting or notification and You will not be bound by the amended terms. Changes to this arbitration agreement do not provide You with a new opportunity to opt out of the arbitration agreement if You have previously agreed to a version of this agreement and did not validly opt out of arbitration.
• Any arbitration instituted pursuant to these Terms shall be held in New York or such other place as the Parties may mutually agree, including via video conference.
• Unless You and We agree otherwise and except as described in Section 25(b), in the event that the agreement to arbitrate above is found not to apply to You or to a particular claim or dispute, either as a result of Your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, or because You are an international user to which this agreement to arbitrate does not apply, You agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between You and Robin must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and Robin agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
• If any part or parts of this Arbitration Provision are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement will remain in full force.
• YOU MAY OPT-OUT OF ARBITRATION. IF YOU ARE A NEW ROBIN USER, YOU CAN CHOOSE TO REJECT THE TERMS TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO hello@joinrobin.co. (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN THIRTY-ONE (31) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF THIS TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW ROBIN USER, YOU HAVE UNTIL THIRTY-ONE (31) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.

26. ARBITRATION OPT-OUT PROCEDURE

In order to opt-out, within thirty-one (31) days after you accept the terms of this agreement for the first time, You must email Your legal name, mailing address (including street address, city, state, and zip code), email address(es) associated with Your Account(s) to which the opt-out applies, and an unaltered digital image of Your valid driver’s license to: hello@joinrobin.co. This procedure is the only way You can opt out of the agreement to arbitrate. If You opt out of the agreement to arbitrate, all other parts of this Terms and this Disputes Section will continue to apply to You. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that You may have with Us.

27. WAIVER OF CERTAIN RIGHTS

BY AGREEING TO THIS TERMS, YOU AND ROBIN HEREBY IRREVOCABLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE. YOU ALSO AGREE THAT YOU CANNOT SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, EVEN IF ARBITRATION IS NOT REQUIRED UNDER THIS TERMS EXCEPT AS SPECIFIED IN SUBSECTION 9 OF THIS SECTION ABOVE. You and Robin are instead electing that all Disputes shall be resolved by arbitration under this arbitration provision, except as specified in Section 25(s) above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. This subsection does not prevent You or Robin from participating in a class-wide settlement of claims.

28. STATUTE OF LIMITATIONS FOR YOUR CLAIMS

You and Robin further agree that any Dispute that either has as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

29. NOTICE AND TAKEDOWN POLICY.

• Robin respects intellectual property rights and expects its Users to do the same. Robin will promptly terminate without notice the accounts of Users that are determined by Robin to be “repeat infringers.” A repeat infringer is a User who has been notified by Robin of infringing activity violations more than twice and/or who has had a User Content removed from the Robin Services more than twice. (Note that we reserve the right to terminate accounts for a single infringement as well pursuant to Section 10 above)
• If You are a copyright owner or an agent thereof, and You believe that any content hosted on any Robin Services infringes Your copyrights, then You may submit a notification by providing Robin’s Designated Copyright Agent with the following information in writing:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Robin Services are covered by a single notification, a representative list of such works on the applicable Robin Services;
  • 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 Robin to locate the material;
  • Information reasonably sufficient to permit Robin to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  • A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Robin’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: “Robin Family Technologies Inc. Attention: Copyright Agent Email:hello@joinrobin.co.”
• For clarity, only notices under this Section should go to the Robin Designated Copyright Agent. You acknowledge that if You fail to comply with all of the requirements of this Section 29, Your DMCA notice may not be valid. Please note that under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

30. APPLE APP STORE ADDITIONAL TERMS AND CONDITIONS

The following additional terms and conditions apply to You if You are using Robin Software from the Apple App Store. To the extent the other terms and conditions of this Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 30, the more restrictive or conflicting terms and conditions in this Section 30 apply, but solely with respect to Robin Software from the Apple App Store:

• Robin and You acknowledge that this Terms is concluded between Robin and You only, and not with Apple, and that Robin, not Apple, is solely responsible for Robin Software and the content thereof. To the extent this Terms provides for usage rules for Robin Software that are less restrictive than the Usage Rules set forth for Robin Software in, or otherwise is in conflict with, the Apple App Store Terms of Service, the more restrictive or conflicting Apple term applies.
• The license granted to You for Robin Software is limited to a non-transferable license to use Robin Software on an iOS product that You own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
• Robin is solely responsible for providing any maintenance and support services with respect to Robin Software, as specified in this Terms (if any), or as required under applicable law. Robin and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Robin Software.
• Robin is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of Robin Software to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for Robin Software to You; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Robin Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Robin’s sole responsibility.
• Robin and You acknowledge that Robin, not Apple, is responsible for addressing any claims of You or any third party relating to Robin Software or Your possession and/or use of Robin Software, including: (i) product liability claims; (ii) any claim that Robin Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Terms does not limit Robin’s liability to You beyond what is permitted by applicable law.
• Robin and You acknowledge that, in the event of any third-party claim that Robin Software or Your possession and use of Robin Software infringes that third party’s intellectual property rights, Robin, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• Robin’s contact information for any end-user questions, complaints or claims with respect to Robin Software is set forth in Section 32(j) below.
• You must comply with applicable third-party terms of agreement when using Robin Software.
• Robin and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third- party beneficiaries of this Terms, and that, upon Your acceptance of the terms and conditions of this Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms against You as a third-party beneficiary thereof.

31. SPECIAL STATE TERMS REGARDING YOUR RIGHT TO CANCEL

• The following provisions are added to this Terms for paid subscription Users residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New Jersey, New York, North Carolina, Ohio, Rhode Island, Wisconsin, or any other state with laws which may require notice of cancellation rights: You, the buyer, may cancel this Terms, without any penalty or obligation, at any time prior to midnight of the original contract seller’s third business day following the date of this contract, excluding Sundays and holidays. To cancel this Terms, mail or deliver a signed and dated notice which states that You, the buyer, are cancelling this Terms, or words of similar effect. This notice shall be sent to hello@joinrobin.co with the email address used to create your Robin account.
• For subscriptions purchased through the Apple App Store or the Google Play Store, you will also need to access your account with that store and follow instructions to change or cancel your subscription.
• In the event that You die before the end of Your paid subscription period, Your estate shall be entitled to a refund of that portion of any payment You had made for Your paid subscription which is allocable to the period after Your death. In the event that You become disabled (such that You are unable to use the paid subscription and the condition is verified in writing by a physician) before the end of Your paid subscription period, You shall be entitled to a refund of that portion of any payment You had made for Your subscription which is allocable to the period after Your disability, by providing Robin notice at the same email address as listed above.

32. MISCELLANEOUS PROVISIONS.

• You and We agree that if any provision of this Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms and shall not affect the validity and enforceability of any remaining provisions.
• A provision of this Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Terms shall in no manner affect such party’s right at a later time to enforce the same.
• A waiver of any breach of any provision of this Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Terms.
• The latest version of these Terms will always be available at https://joinrobin.co/ and will govern Your use of the Robin Services. Robin may revise this Terms from time to time. If Robin determines, in its sole discretion, that the changes We make to this Terms are material, We will notify You in advance (e.g., within the App or via email).
• Robin may provide You with notices, including those regarding changes to this Terms, by email or postings on the Robin Services. You hereby consent to the use of electronic communications. To give Robin notice, you may do so through the email address provided in Section 32(j) and such notice will be effective upon receipt.
• This Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You. However, Robin may at any time and for any reason transfer or assign without restriction this Terms and the obligations contained in the Terms to a third party. You hereby acknowledge and agree that if another company acquires Our company, business, or Our assets, that transaction may include a sale or transfer of Your User Content, and You agree to such transfer without further action or confirmation.
• The following Sections will survive any termination of this Terms or any termination of Your use of or subscription to the Robin Services: 3-6, 7(c), 7(e), 7(f), 8-10, 12, 14- 16, 17 (excluding 17(b)), 21-30, and 32.
• Robin’s past, present, and future affiliates (i.e., companies controlling, controlled by, or under common control with Robin) are third-party beneficiaries of all the rights, protections, and benefits afforded Robin under this Terms. Otherwise, there are no third-party beneficiaries to this Terms.
• The heading references herein are for convenience purposes only, do not constitute a part of this Terms and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation.” This Terms is the entire agreement between You and Us relating to the subject matter herein and shall not be modified except in writing, agreed to by both parties.
• The services hereunder are offered by Robin Family Technologies Inc. If you have a question or complaint, you may reach us at: hello@joinrobin.co.
• Robin will inform its users of any modifications to these Terms by posting them on the website.

Effective Date: December 17, 2023.