Terms and Conditions

Welcome to TraBuzza!

TraBuzza Terms and Conditions of Use

Welcome to TraBuzza’s Terms and Conditions of Use (these “Terms”). This is a contract between you and TraBuzza LLC (as defined further below), and we want you to understand your rights and ours before using the TraBuzza website or application (“TraBuzza” or the “App”). Please take a moment to read these Terms before using the App. By accessing, viewing, or using the App, you agree to be legally bound by these Terms (so it’s a good idea to read them first!). Additionally, please review our Community Guidelines (which form part of these Terms) and our Privacy Policy.

Please be aware that if you subscribe to services for a term (the “Initial Term”), your subscription will be automatically renewed for additional periods of the same duration as the Initial Term at TraBuzza’s then-current fee for such services, unless you cancel your subscription in accordance with Section 5 below.

Section 13 of these Terms contains provisions on how claims between you and TraBuzza LLC are resolved, including an arbitration agreement that generally requires disputes to be submitted to binding and final arbitration with limited exceptions. You have the right to opt out of the arbitration agreement as detailed in Section 13 below. If you do not opt out, (1) you will only be able to pursue claims and seek relief on an individual basis; and (2) you waive your right to seek relief in court and to have a jury trial.

Note to California Subscribers: You may cancel your subscription and request a refund at any time before midnight of the second business day following the date you subscribed. If you subscribed using your Apple ID, refunds are handled by Apple, not TraBuzza. For refunds, please visit Apple Support. If you subscribed using your Google Play Store account or directly through TraBuzza, please contact customer support.

1. TRABUZZA RULES

To use the App, you must first register for an account (“Account”). To create an Account, you must:

- Be at least 18 years old or the age of majority required to enter into a contract in your home country, whichever is greater; and

- Be legally permitted to use the App according to the laws of your home country.

We monitor for underage use and may terminate, suspend, or request verification of your Account if we believe you may be underage.

You can create an Account via manual registration or by using your Facebook login details. If you use your Facebook login details, you authorize us to access, display, and use certain information from your Facebook account (e.g., profile pictures, relationship status, location, and information about Facebook friends). For more details on how we use your information, please refer to our Privacy Policy.

You cannot use another person’s Account or share your Account with others without permission.

If you wish to leave TraBuzza, you can delete your Account at any time by going to the ‘Settings’ page and clicking on the ‘Delete account’ link. Your Account will be deleted immediately, though it may take some time for Your Content (defined below) to be completely removed. Your profile information will be handled according to our Privacy Policy. If you delete your Account and later attempt to create a new Account with the same credentials, we will reactivate your original Account.

We use a combination of automated systems, user reports, and a team of moderators to monitor accounts and content for compliance with these Terms. We reserve the right to terminate or suspend any Account, restrict access to the App, or employ any other means necessary to enforce the Terms (including blocking specific IP addresses). For users in the European Union (“EU”), we will notify you when we take action against your Account or Your Content unless legally restricted. For all other users, we may take such actions without notice or liability. We expressly reserve the right to terminate or suspend your Account without notice for violating these Terms or for other reasons we deem appropriate. If your Account is terminated or suspended, you will not receive a refund for any paid services or features. If you believe an error has been made regarding your Account or Your Content, you may appeal using the processes outlined within the App or by contacting us through our contact form.

For EU users, you have additional rights under the Digital Services Act, including access to third-party out-of-court dispute settlement processes, remedies in EU courts, and the ability to lodge complaints with local EU regulatory authorities. UK users have the right to bring claims for breach of contract under local law if we have violated these Terms.

You may not access, tamper with, or use non-public areas of the App or our systems. Certain parts of the App may not be accessible without a registered Account.

2. TYPES OF CONTENT

There are three types of content available on the App:

- Content you upload and provide (“Your Content”);

- Content provided by other members (“Member Content”); and

- Content provided by TraBuzza LLC (including, but not limited to, databases and/or software) (“Our Content”).

Certain content is prohibited on TraBuzza:

Our Community Guidelines outline acceptable content and conduct on and off the App. You agree to comply with these Guidelines as updated.

We allow users to express themselves freely but restrict content that:

- Is illegal or promotes illegal activities;

- Is harmful to minors;

- Is defamatory or libelous;

- Infringes on third-party rights (including intellectual property and privacy rights);

- Shows someone without their consent;

- Contains offensive language or imagery;

- Is obscene, pornographic, violent, or otherwise offensive;

- Is abusive, insulting, discriminatory, or promotes hatred or bigotry;

- Relates to commercial activities (including sales, competitions, and advertising);

- Involves spam or junk mail;

- Impersonates or deceives others;

- Contains malicious code or software; or

- Otherwise violates our Community Guidelines.

Your Content

You agree that Your Content must adhere to our Community Guidelines, which may be updated from time to time. Since Your Content is unique to you, you are responsible for it and liable for any claims related to it. You agree to indemnify, defend, release, and hold TraBuzza harmless from any claims arising from Your Content. In other words, you are responsible for what you post!

You may not display any personal contact or banking information on your individual profile page, whether related to you or any other person (such as names, home addresses, postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to share personal information with other users, whether via email or otherwise, it is at your own risk. We encourage you to exercise the same caution online as you would in any other context when disclosing personal details.

As TraBuzza is a public platform, Your Content will be visible to other users worldwide. Ensure you are comfortable sharing Your Content before posting. By uploading Your Content, you represent and warrant that you have all necessary rights and licenses to do so, and you grant TraBuzza a non-exclusive, royalty-free, perpetual, worldwide license to use Your Content in any manner (including editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, and otherwise making available to the public, in any format or medium now known or developed in the future).

We may assign and/or sub-license this license to our affiliates and successors without further approval from you.

TraBuzza has no obligation to store Your Content. If it's important, you should keep a copy.

To prevent unauthorized use of Your Content by other members or third parties outside of TraBuzza, you authorize us to act on your behalf regarding such infringements and unauthorized uses. This includes the authority, but not the obligation, to send takedown notices (such as DMCA Takedown Notices) on your behalf if Your Content is used by third parties outside of TraBuzza.

Member Content

Other members of TraBuzza will also share content via the App. Member Content belongs to the user who posted it and is stored on our servers and displayed via the App as directed by the user.

You have no rights to other users’ Member Content beyond using it in a manner consistent with TraBuzza’s purpose of facilitating connections between people. You may not use other users’ information for commercial purposes, spam, harassment, stalking, or making unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.

Member Content is subject to Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. For complaints about Member Content, refer to the Digital Millennium Copyright Act section below.

Our Content

The remaining content on TraBuzza belongs to us! This includes text, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property, as well as the TraBuzza software and databases. All rights, title, and interest in Our Content remain with us.

We grant you a non-exclusive, limited, personal, non-transferable, revocable license to access and use Our Content under the following conditions:

- You shall not use, sell, modify, or distribute Our Content except as allowed by the functionality of the App.

- You shall not use our name in metatags, keywords, or hidden text.

- You shall not create derivative works from Our Content or scrape, disable, decompile, analyze, or commercially exploit Our Content in any way.

- You shall use Our Content only for lawful purposes.

We reserve all other rights.

No Obligation to Pre-Screen Content

While we are not obligated to pre-screen Your Content or Member Content, we may occasionally need to intervene to maintain safety. We reserve the right to review, pre-screen, refuse, and/or remove any Member Content and Your Content, including content exchanged in direct messages, as outlined in these Terms.

Use of Recommender Systems

We use matching algorithms to predict your compatibility with other users and to show you people we think are a good match. You can learn more about our use of recommender systems and their parameters in our Privacy Policy.

3. RESTRICTIONS ON THE APP

You agree to:

- Comply with all applicable laws, including privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws, and regulatory requirements.

- Use your real name and age in creating your TraBuzza account and on your profile.

- Use the services in a safe, inclusive, and respectful manner and adhere to our Community Guidelines at all times.

You agree not to:

- Act unlawfully or disrespectfully, including being dishonest, abusive, or discriminatory.

- Misrepresent your identity, age, current or previous positions, qualifications, or affiliations.

- Disclose information without consent.

- Stalk or harass other users.

- Use the App deceptively or manipulatively, including distributing content related to scams, spam, inauthentic profiles, or commercial and promotional activities.

- Submit appeals, reports, notices, or complaints that are manifestly unfounded.

- Develop or use software, devices, scripts, robots, or any other means to scrape or copy profiles and data from TraBuzza or its services.

Reporting Misconduct and Investigations

At Trabuzza, we do not tolerate inappropriate behavior within our community. If you encounter any abuse or wish to report Member Content, please contact us with details of the issue. You can also report a user directly from their profile or chat by selecting the ‘Block & Report’ link. We reserve the right to investigate any potential violations of these Terms, any Trabuzza user’s rights, or any third-party rights. We may, at our sole discretion, immediately terminate a user's access to the App without prior notice and/or remove any improper, infringing, or unauthorized Member Content.

We do not control user behavior, so you are solely responsible for your interactions with other users on the App.

Background Checks

In certain situations, such as when we receive reports of suspected misconduct, Trabuzza may investigate whether a member has a criminal history. This may involve checking sex offender registries or other public records. If a criminal conviction is identified, Trabuzza may use the information to determine if it matches the member in question. Following such investigations, Trabuzza may block members who are reasonably believed to have been convicted of serious offenses (e.g., sexual assault, harassment, human trafficking, stalking, kidnapping, child abuse, domestic abuse, murder, hate crimes, terrorism, or violent extremism) from using the service or communicating with other members. Trabuzza also reserves the right to block members for other offenses or violations of these Terms at its discretion. Note that criminal background checks are not routinely updated and are not foolproof; not all records are public or current, and checks may not cover all types of convictions or foreign records.

Release of Claims

By using Trabuzza, you agree to release Trabuzza and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injury, death, and property damage, arising from your interactions with or conduct of other users of the App. If you are a California resident, you 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.” This release does not apply to claims related to unconscionable commercial practices by Trabuzza or any fraud, deception, misrepresentation, or concealment of material facts in connection with the App.

Prohibition on Scraping

Scraping or replicating any part of the App without our prior consent is strictly prohibited. This includes using any means (automated or otherwise) other than through our current, published interfaces, unless specifically authorized in a separate agreement with us.

Privacy

For information on how Trabuzza collects, uses, and shares your personal data, please refer to our Privacy Policy. By using Trabuzza, you acknowledge that we may handle your data in accordance with our Privacy Policy.

Payment Terms

In-App Purchases

Trabuzza may offer products and services for purchase on the App (“In-App Purchases”). If you choose to make an In-App Purchase, additional terms may apply, which will be disclosed at the point of purchase and incorporated by reference.

In-App Purchases can be made through:

(a) Third-party platforms such as the Apple App Store or Google Play Store (“Third Party Stores”), or

(b) Direct payments via credit card, debit card, or PayPal, processed by third-party processors.

By making an In-App Purchase, you authorize us to charge your selected Payment Method. If payment is not received, you agree to promptly settle all amounts due upon our demand.

Subscriptions and Auto-Renewal

Trabuzza may offer services as automatically-renewing subscriptions (e.g., one-week, one-month, or three-month subscriptions) (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, IT WILL RENEW AT THE END OF EACH PERIOD UNLESS YOU CANCEL. To avoid charges for a new subscription period, you must cancel before the end of the current period. Deleting your account or the app does not cancel your subscription. You will be notified of any price changes for Premium Services and given an opportunity to cancel. If you do not cancel, you agree to be charged at Trabuzza’s then-current pricing.

Cancelling Subscriptions

If you purchased a subscription directly from Trabuzza, you may cancel or modify your Payment Method via the payment settings under your profile. For subscriptions purchased through Third Party Stores, you must access your account with that store to manage or cancel your subscription. Cancellations will take effect at the end of the current subscription period. You will not be eligible for a prorated refund except as specified below, and your subscription will not renew.

Free Trials

If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription, and your Payment Method will be charged at the then-current price. Your paid subscription will continue to auto-renew until you cancel. To avoid charges, cancel before the end of the trial or subscription period. Deleting your account or the app does not cancel your free trial. Previous free trial users through the Apple Store or Google Play Store are not eligible for another trial and will be charged as described.

Refunds

Generally, charges for purchases are non-refundable, and no refunds or credits are provided for partially used periods.

For subscribers in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:

YOU MAY CANCEL YOUR SUBSCRIPTION, WITHOUT PENALTY, AT ANY TIME BEFORE MIDNIGHT OF THE SECOND BUSINESS DAY AFTER SUBSCRIBING (EXCLUDING SUNDAYS AND HOLIDAYS). IF YOU DIE BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOUR ESTATE IS ENTITLED TO A REFUND FOR THE PERIOD AFTER YOUR DEATH. IF YOU BECOME DISABLED AND UNABLE TO USE TRABUZZA, YOU ARE ENTITLED TO A REFUND FOR THE PERIOD AFTER YOUR DISABILITY BY PROVIDING NOTICE AS DESCRIBED BELOW.

To Request a Refund:

To request a refund, eligible subscribers must request it in addition to cancelling. For subscriptions purchased through Apple ID, refunds are handled by Apple, not Trabuzza. Request a refund by going to iTunes, selecting your Apple ID, viewing “Purchase History,” finding the transaction, and hitting “Report Problem.” You can also submit a request at Apple Support.

For All Other Purchases

For any other purchase-related inquiries, please contact customer support with your order number. You can find the order number in the order confirmation email or, if you purchased from the Google Play Store, by logging into Google Wallet. You may also cancel this agreement by mailing or delivering a signed and dated notice stating that you are cancelling the agreement, or similar wording. Include the email address or mobile number associated with your account along with your order number. Send your notice to:

Trabuzza

Attn: Cancellations

10601 Clarence Dr., Suite 250

Frisco, TX 75033

Taxes

Payments required under this Section 5 do not include any Sales Tax that may be due in connection with the Premium Services provided under these Terms. If Trabuzza determines it has a legal obligation to collect Sales Tax from you, we will collect such Sales Tax in addition to the payments required. If Premium Services or payments for Premium Services are subject to Sales Tax in any jurisdiction and you have not paid the applicable Sales Tax to Trabuzza, you will be responsible for paying that Sales Tax and any related penalties or interest to the relevant tax authority. “Sales Tax” refers to any sales or use tax or any other tax measured by sales proceeds that functions as a sales tax where the taxing jurisdiction does not otherwise impose a sales or use tax.

Virtual Items

At times, you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to access special features from Trabuzza, referred to as “Virtual Items.” Virtual Items can only be purchased through Trabuzza or its partners. Virtual Items represent a limited license and do not transfer any ownership rights to you. Your purchase of Virtual Items does not constitute a sale of any rights.

Any Virtual Item balance shown in your account represents your license to access Virtual Items and does not reflect real-world value. Virtual Items do not incur fees for non-use. Your license to Virtual Items will end if Trabuzza ceases to provide services or if your account is closed or terminated. Trabuzza may also provide Virtual Items as bonuses or parts of paid subscriptions. Your access to Virtual Items may not carry over between subscription periods and may end if you cancel your subscription.

Trabuzza reserves the right to charge fees for access to Virtual Items and/or distribute them with or without charge. We may manage, regulate, modify, or eliminate Virtual Items at any time, impacting their perceived value or purchase price. Trabuzza will not be liable for such actions. Virtual Items cannot be sold, redeemed, or transferred to others and may only be used through our Services.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS ARE FINAL AND NON-REFUNDABLE. Trabuzza is not required to provide refunds for unused Virtual Items upon account closure, whether voluntary or involuntary.

Push Notifications; Location-Based Features

We may send you emails, text messages, push notifications, alerts, and other messages related to the App and/or Trabuzza services, including updates, offers, products, events, and promotions. After downloading the App, you will be prompted to accept or decline push notifications/alerts. If you decline, you will not receive these notifications. If you accept, push notifications/alerts will be sent to you. To stop receiving them, you can adjust your notification settings on your mobile device. For other communications, you can opt out by following the instructions provided or by emailing us at feedback@team.trabuzza.com.

The App may also provide location-based content, products, services, and materials. To access these features, the App will use your location data from GPS, Bluetooth, or other location-determining software. If you disable these features or do not authorize the App to access your location, you may not be able to access location-specific content. For more details on how the App uses and retains your information, please review our Privacy Policy.

Disclaimer

THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE COMPATIBILITY OF ANY MATCHES.

WHERE APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, WE GRANT ONLY THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY LAW. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, CREATES ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED HEREIN.

WE DO NOT WARRANT THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT YOUR USE WILL MEET YOUR EXPECTATIONS. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. Trabuzza is not responsible for user conduct and does not conduct criminal background checks on its members.

9. Limitation of Liability

Neither Trabuzza nor any owner will be liable for any damages, whether direct, indirect, incidental, consequential, special, or punitive, including but not limited to loss of data, income, profit, goodwill, or property damage, or claims by third parties arising from your access to or use of the App, Site, our content, or any member content. This applies regardless of the cause, including breach of contract, tort (including negligence), infringement of proprietary rights, product liability, or other legal theories.

This limitation applies even if we were advised of the possibility of such damages. If you are dissatisfied with the App or Site in any way, your sole and exclusive remedy is to cease using the App and Site.

You waive any and all claims arising from your use of the App or Site. Because some jurisdictions do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions might not apply to you. If any part of this limitation is deemed invalid or unenforceable, our aggregate liability will not exceed one hundred dollars ($100).

This limitation of liability is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The App and Site would not be provided without such limitations, and you agree that these limitations and exclusions of liability, disclaimers, and exclusive remedies will survive even if they fail in their essential purpose. This limitation does not apply to liability arising from fraud or fraudulent misrepresentations or any other liability that cannot be limited by applicable law.

10. Indemnity

You are responsible for all actions and information you post on Trabuzza. Therefore, you agree to indemnify, defend, release, and hold harmless Trabuzza, along with our partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents, from any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) that arise from or are related to:

- Any negligent acts, omissions, or willful misconduct by you;

- Your access to and use of the App;

- The uploading or submission of content to the App by you;

- Any breach of these Terms by you; and/or

- Your violation of any law or rights of any third party.

Trabuzza retains the exclusive right to settle, compromise, and pay any claims or causes of action brought against us without your prior consent. You will cooperate fully and reasonably as required by us in defending any relevant claim.

This indemnity provision does not require you to indemnify Trabuzza for any unconscionable commercial practices or any fraud, deception, false promises, misrepresentations, or concealments of material facts related to the App.

11. Procedure for Making Claims of Copyright Infringement

If you believe any content on Trabuzza infringes your copyright, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to Trabuzza’s Copyright Agent. The Takedown Notice must include:

- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;

- Identification of the copyrighted work claimed to be infringed, or a representative list if multiple works are involved;

- Identification of the infringing material and information sufficient to locate it;

- Your contact information, such as address, phone number, and email;

- A statement of good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and

- A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner.

Send Takedown Notices to Trabuzza’s Copyright Agent at copyright@team.trabuzza.com. Alternatively, you can contact us at:

Trabuzza

Attn: Copyright Agent

10601 Clarence Dr., Suite 250

Frisco, TX 75033

12. Third Party App Store

If you download the App from a Third Party Store, the following additional terms and conditions apply:

- These Terms are solely between you and Trabuzza, not with the Third Party Store provider. Trabuzza (and not the Third Party Store provider) is responsible for the App and its content. If there is a conflict between these Terms and the Third Party Store’s terms, the more restrictive or conflicting terms in this Section will apply to the App and the Third Party Store.

- The Third Party Store provider has no obligation to provide maintenance or support for the App. Trabuzza is responsible for any product warranties, express or implied, not disclaimed. The Third Party Store provider has no warranty obligations.

- Trabuzza is responsible for addressing any claims related to the App, including product liability, regulatory compliance, consumer protection issues, and intellectual property infringement.

- The Third Party Store provider and its subsidiaries are third-party beneficiaries of these Terms, meaning they have the right to enforce these Terms as third-party beneficiaries.

- In case of conflict between the Third Party Store’s terms and these Terms, the Third Party Store’s terms will govern. Trabuzza is not responsible for third-party goods or services obtained through a Third Party Store or mobile carrier. We encourage you to conduct necessary investigations before making transactions with third parties.

13. Dispute Resolution

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. Unless you opt out in the manner described in Section 13(10) below, this Arbitration Agreement requires you and Trabuzza to resolve disputes by binding arbitration instead of in court, and limits the manner in which we may seek relief from each other.

1. When Does This Arbitration Agreement Apply? This Arbitration Agreement applies to any disputes or claims of any kind whatsoever (whether based on contract, tort, statute, regulation, ordinance, fraud, misrepresentation, or any other legal or equitable theory) between you and Trabuzza arising out of or relating to the Terms, prior versions of the Terms, your use of our App, or any other aspect of your relationship with Trabuzza, including claims or disputes arising (but not actually filed in arbitration) before the effective date of these Terms. It requires that, and by entering into these Terms you and Trabuzza agree, that such disputes or claims will be resolved by binding arbitration, rather than in court, except that (i) you or Trabuzza may assert individual claims in small claims court if your claims qualify; and (ii) you or Trabuzza may seek equitable relief in court for infringement or misuse of intellectual property rights.

2. Notice of Dispute and Informal Resolution. Before beginning the arbitration process, you and Trabuzza agree to first notify each other of the dispute in writing at least 60 days before initiating arbitration. Notice to Trabuzza must be sent by letter to our registered agent:United States Corporation Agents, Inc., 10601 Clarence Dr., Suite 250, Frisco, TX 75033, and must provide your name, current email address, mailing address, and telephone number, as well as the name, email address, and telephone number associated with your Trabuzza account (if different from your current information); and describe the nature of the claim and the specific relief being sought.

You and Trabuzza agree to meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim or dispute covered by this Arbitration Agreement. If either party is represented by counsel, that counsel may participate in the informal dispute resolution conference. During this process, you may be provided with an offer of judgment. A party defending against a claim may serve on the opposing party an offer to allow judgment on specified terms, with the costs then accrued. If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made.

All offers, promises, conduct, and statements made during the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable due to its use in the informal dispute resolution process.

The informal dispute resolution conference shall occur within 60 days of receipt of the written notice described above, unless an extension is mutually agreed upon. If, after participating in that conference, the parties are unable to resolve the dispute, the claimant may commence arbitration in accordance with this Agreement. Completion of this informal dispute resolution process is a condition precedent to filing any demand for arbitration. Failure to do so is a breach of this Agreement, and no demand for arbitration shall be valid unless such written notice is provided and good faith discussions have been conducted.

Any statute of limitations will be tolled while the parties engage in the informal dispute resolution process described in this section.

3. How Do You Start The Arbitration Process? If you and Trabuzza are unable to resolve the dispute within 60 days, either party may proceed to file a claim for arbitration. To begin the arbitration process, you or Trabuzza must submit notice by certified mail of the claim with an individualized arbitration demand. To be valid, the demand must contain the name of the claiming party (you or Trabuzza), your or Trabuzza’s mailing address, the email address or phone number associated with your Trabuzza account (if applicable), and a detailed description of the dispute and the relief sought. Notice to Trabuzza must be submitted to our registered agent:United States Corporation Agents, Inc., 10601 Clarence Dr., Suite 250, Frisco, TX 75033.

4. What Are The Rules Of Arbitration? The Federal Arbitration Act (“FAA”) governs this Arbitration Agreement and applies to the interpretation and enforcement of this Arbitration Agreement. If the FAA is found not to apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, that issue shall be determined by Texas law, notwithstanding choice-of-law principles, pursuant to Section 17 of the Terms. The applicable arbitration provider depends on where you live. If you live in California, the arbitration will be administered by ADR Services, Inc. under its most current arbitration rules and procedures, available at https://www.adrservices.com/services-2/arbitration-rules/. If you live outside California, the arbitration will be administered by National Arbitration and Mediation under its most current Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms, or under its most current Supplemental Rules for Mass Arbitrations, as applicable, available at https://www.namadr.com/content/uploads/2021/12/SupplementalRules12.22.21.pdf. If the applicable arbitration provider is not available to arbitrate, including because it is not able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Arbitration Agreement, including those described in Section 13(8) (Mass Filings), the parties will select an alternative arbitral forum. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 who can administer the arbitration(s) consistent with the rules, procedures, and terms of this Arbitration Agreement. This Arbitration Agreement will govern to the extent it conflicts with the arbitration provider’s rules.

The initiating party must pay all filing fees for the arbitration. Your and Trabuzza’s responsibility to pay other administrative and arbitrator costs will be as set forth in the applicable arbitration provider’s rules unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, and/or other fees incurred as a result of the frivolous claim.

You may qualify for a waiver of certain arbitration costs under the applicable arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in federal court, Texas state court, or the courts of your state of residence, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, Trabuzza will pay the filing fees for you.

5. What Can The Arbitrator Decide? The arbitrator has the exclusive authority to resolve any and all threshold arbitrability issues, including whether this Arbitration Agreement is applicable, enforceable, or unconscionable. Courts, however, shall have the exclusive authority to determine (i) whether any provision of this Arbitration Agreement should be severed and the consequences of said severance, (ii) enforceability of any or all of the mass arbitration procedures set forth in Section 13(8), (iii) whether you have complied with conditions precedent to arbitration, and (iv) whether an arbitration provider is available to hear the arbitration(s) under Section 13(4). The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available in an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Pursuant to and in conformance with Section 17 of the Terms, any original action to compel arbitration under Section 4 of the FAA (or analogous state law) must be brought in a State or Federal Court located in Travis County, Texas.

6. No Jury Trials. By agreeing to arbitration, YOU AND TRABUZZA ARE EACH AGREEING TO WAIVE THEIR RIGHTS TO A JURY TRIAL. Instead, you and TraBuzza are electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as described in Section 13(1) above. An arbitrator can award the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

7. One At A Time. All claims and disputes within the scope of this Arbitration Agreement MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU AND TRABUZZA GIVE UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING. However, this shall not preclude the use of bellwether arbitrations, global mediation, or batch arbitrations as described in Section 13(8) below, nor preclude the application of the arbitration provider’s fee schedules for mass arbitrations, as applicable. Only relief that would be permitted in an individual lawsuit is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user, except as provided in Section 13(8) below, nor shall this preclude application of the arbitration provider’s fee schedules for mass arbitrations, as applicable. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as provided in Section 13(8) below, nor shall this preclude application of the arbitration provider’s fee schedules for mass arbitrations, as applicable.

For mass arbitrations before ADR Services, Inc., you and TraBuzza agree that its mass arbitration fee schedule shall apply, available at [ADR Services Fee Schedule](https://www.adrservices.com/wp-content/uploads/2022/10/ADR-Mass-Consumer-Non-Employment-Fee-Schedule-Eff-11-5-21.pdf). For mass arbitrations before National Arbitration and Mediation, you and TraBuzza agree that its mass arbitration fee schedule shall apply, available at [National Arbitration and Mediation Fee Schedule](https://www.namadr.com/content/uploads/2023/07/Consumer-Fees-as-of-7.1.2023-updated-as-of-7.1.2023.pdf). For mass arbitrations before any other arbitration provider, you agree that its mass arbitration fee schedule shall apply. If the arbitrator does not have a fee schedule for mass filings, then the claims must proceed in court.

If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in Travis County, Texas. All other claims shall be arbitrated. This subsection does not prevent you or TraBuzza from participating in a class-wide settlement of claims.

8. Mass Filings. If, at any time, 30 or more similar demands for arbitration are asserted against TraBuzza or related parties by the same or coordinated counsel or entities, or if TraBuzza asserts 30 or more similar demands for arbitration or counterclaims against similarly situated parties, within a period of 60 days or otherwise close in proximity (“Mass Filing”), the additional protocols set forth below shall apply:

Acknowledgment of Mass Filing Protocols. If you or TraBuzza, or your or our counsel, files a demand for arbitration that fits within the definition of Mass Filing referred to above, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Mass Filings subsection. If the parties disagree as to whether a series of filings fits within the definition of Mass Filing above, the arbitration provider shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the bellwether proceedings.

Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration in a Mass Filing, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither you nor TraBuzza will be required to pay any such filing fees. You and TraBuzza also agree that neither you nor we shall be deemed to be in breach of this Arbitration Agreement for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.

Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the Mass Filing (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the parties are unable to resolve the outstanding claims during the Global Mediation, the parties may choose to opt out of the arbitration process and proceed in court with the remaining claims. Notice of the opt-out shall be provided in writing within 60 days of the close of the Global Mediation. Absent notice of an opt-out, the arbitrations may then be filed and administered by the arbitration provider pursuant to this Agreement’s Batch Arbitration provision below and the arbitrator’s fee schedule for mass filings as described in Subsection 13(7) above, unless the parties mutually agree otherwise in writing. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the global mediation process.

Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and TraBuzza agree that in the event a Mass Filing is not resolved by the Bellwether Arbitration and Global Mediation processes described above, the arbitration provider will (1) administer the remaining arbitration demands in batches of 100 demands per batch; (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”). If the arbitration provider will not administer the Batch Arbitration with one set of filing and administrative fees due per side per batch, then the arbitration provider’s mass arbitration fee schedule shall apply.

Enforcement of Subsection. A court of competent jurisdiction located in a venue allowed under Section 17 of the Terms and Conditions shall have the power to enforce this subsection.

9. Offer of Judgment. At least 14 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

10. Opt-Out. Updates to TraBuzza’s Terms do not provide a new opportunity for you to opt out of arbitration if you previously agreed to a prior version of TraBuzza’s Terms containing an arbitration provision and did not validly opt out of arbitration.

Previous or Existing Users. Users who previously agreed to arbitrate may reject this updated Arbitration Agreement by following the opt-out method below, but such users will still be bound by the most recent prior version of the Arbitration Agreement and will otherwise be bound by these Terms. Previous or existing users who do not opt out of this updated Arbitration Agreement will be bound by this Arbitration Agreement and it shall apply to all disputes between such users and TraBuzza, including those arising (but not actually filed in arbitration) before the effective date of these Terms. Arbitration demands that have already been actually filed with an arbitration provider before the effective date of this Arbitration Agreement and in compliance with a prior version of this Arbitration Agreement are subject to the prior version’s terms.

New Users. Users who create a TraBuzza account for the first time on or after July 24, 2023 may opt out of this Arbitration Agreement.

Method and Impact of Opting Out. Subject to the above, you may opt out of this Arbitration Agreement by sending written notice of your decision to opt out to: traBuzzaoptout@trabuzza.com, within 31 days after first becoming subject to

14. USE OF THIRD PARTY INTEGRATIONS

If you use the Snap Lenses feature offered in our App or any other AR features provided by Snap similar to Snap Lenses, you will be subject to the Snap Inc. Terms of Service, which contain an arbitration clause including a waiver of any right to participate in a class-action lawsuit or class-wide arbitration. If you do not agree to be subject to the Snap Inc. Terms of Service, you should not use the Snap-provided AR camera features within our App.

15. TERMINATION AND REMEDIES

These Terms commence on the date you accept them (as described in the preamble) and continue until terminated in accordance with the terms herein.

You can delete your Account at any time by logging into the App, going to the “Settings” tab (the gear icon), and following the instructions to terminate your account. Please note that if you delete your Account, your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund except as stated in Section 5. In addition to deleting your account, you will also need to cancel/manage any recurring subscriptions purchased via a Third Party Store (e.g., iTunes, Google Play) to avoid additional billing.

In the event that TraBuzza determines, in its sole discretion, that you have breached any portion of these Terms, have misused the App, or have otherwise demonstrated conduct which TraBuzza regards as inappropriate or unlawful (whether on or off the App), TraBuzza reserves the right to: (a) warn you via email (to any email addresses you have provided to TraBuzza) that you have violated the Terms; (b) delete your User Content; (c) discontinue your Account; (d) discontinue your subscription(s) without refund; (e) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) pursue any other action which TraBuzza deems to be appropriate. You agree that all terminations for cause shall be made in TraBuzza’s sole discretion and that TraBuzza shall not be liable to you or any third party for any termination of your Account.

Termination of these Terms or your Account includes the removal of access to your Account, and all related information and content associated with or inside your Account.

If your account is terminated by you or by TraBuzza for any reason, all provisions of these Terms which by their nature should survive, shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability. Your information will be maintained and deleted in accordance with our Privacy Policy.

16. MISCELLANEOUS

There are a few more things we need to mention before you can use TraBuzza.

These Terms, which we may amend from time to time, constitute the entire agreement between you and TraBuzza. The Terms supersede all previous agreements, representations and arrangements between us (written or oral), excluding the Privacy Policy. Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

TraBuzza has taken reasonable steps to ensure the currency, availability, correctness, and completeness of the information contained on the App and provides that information on an "as is", "as available" basis. TraBuzza does not give or make any warranty or representation of any kind about the information contained on the App, whether express or implied. Use of the App and the materials available on it is at your sole risk. TraBuzza is not responsible for any loss arising from the transmission, use of data, or inaccurate Member Content.

You are responsible for taking all necessary precautions to ensure that any material you may obtain from the App is free of viruses or other harmful components. You accept that the App will not be provided uninterrupted or error-free, that defects may not be corrected, or that TraBuzza, or the server that makes it available, is free of viruses or bugs, spyware, Trojan horses, or any similar malicious software. TraBuzza is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but not limited to, 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.

The communications between you and TraBuzza may take place via electronic means, whether you use the App or send TraBuzza emails, or whether TraBuzza posts notices in the App or communicates with you via email. For contractual purposes, you (a) consent to receive communications from TraBuzza in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that TraBuzza provides to you electronically satisfy if they were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. Sec. 7001 et. seq.

As TraBuzza grows, we might have to make changes to these Terms so we reserve the right to modify, amend, or change the Terms at any time (a “Change”). If we do this, the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. It’s also possible that we might ask you to agree to our Changes, but we’ll let you know. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.

Your continued use of the App following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using the App immediately (uh oh, that’s going to be hard!).

Additional items:

If, for any reason, any of the Terms are declared illegal, invalid, or otherwise unenforceable by a court of competent jurisdiction, then to the extent that term is illegal, invalid, or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect, and continue to be binding and enforceable.

No failure or delay in exercising any right, power, or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms, and nor shall any single or partial exercise by either party of any right, power, or privilege preclude any further exercise of the right or the exercise of any other right, power, or privilege.

You represent and warrant that:

- 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

- you are not listed on any U.S. Government list of prohibited or restricted parties.

By using the App, you agree and acknowledge that TraBuzza is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on the App, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.

The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:

- the availability or accuracy of such websites or resources; or

- the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking, or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.

If you have any questions, complaints, or claims with respect to the App, please contact us at feedback@team.trabuzza.com.

Here is the revised text with the new company name, TraBuzza, and the updated address:

17. GOVERNING LAW AND FORUM

Subject to Section 13(3) and any mandatory laws that may apply in the country in which you reside, your access to the App, Our Content, and any Member Content, any claims arising from or related to your relationship with TraBuzza, and these Terms are governed and interpreted by the laws of the State of Texas. All claims arising out of or relating to these Terms and/or your relationship with TraBuzza that are not submitted to arbitration, and all claims or cases challenging the enforceability or applicability of the arbitration provisions herein, will be litigated exclusively in the federal or state courts of Collin County, Texas. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us.

18. THE TRABUZZA GROUP

The Terms constitute a binding legal agreement between you as user (“you”) and TraBuzza (“we” or “us”). The TraBuzza Group includes, but is not limited to, TraBuzza Holdings LLC (a Texas limited liability company), TraBuzza Trading LLC (a Texas limited liability company), and any affiliated entities.

Effective Date

The Terms were last updated on: September 21, 2024.