• These Terms of Service, including our Privacy Policy, which is incorporated herein by reference (together, this “Agreement”), is a legally binding contract between you and Emobi, Inc. (d/b/a Emobi) (“Emobi,” “us,” “we,” or “our”) regarding your use of the Emobi Platform (as defined below), and our related websites (“Websites” and, together with the Emobi Platform, the “Services”). References to “you” and “your” mean either Customer or a Site Visitor, as applicable. You are a “Customer” if you are accessing or using any part of the Emobi Platform. If the Emobi Platform is being used on behalf of a company, organization, or other entity by an individual authorized to accept this Agreement on its behalf, then all references to “Customer” refer to such entity and its Affiliates. If you are a company, organization, or other entity, the individual accepting this Agreement on your behalf represents and warrants that they have authority to bind you to this Agreement. You are a “Site Visitor” if you are an individual user of the public-facing portions of the Websites.
  

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

• BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, USING (OR MAKING ANY PAYMENT FOR) THE SERVICES, OR OTHERWISE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT (THE DATE UPON WHICH YOU ACCEPT THIS AGREEMENT IS REFERRED TO AS THE “EFFECTIVE DATE”), YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES. YOUR USE OF THE SERVICES, AND OUR PROVISION OF THE SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY US AND BY YOU TO BE BOUND BY THESE TERMS.
  
• YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF EMOBI AT THE PHONE NUMBER YOU PROVIDE TO EMOBI. THESE TEXTS/CALLS MAY INCLUDE OPERATIONAL MESSAGES ABOUT YOUR USE OF THE EMOBI PLATFORM. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
  
• ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 19, you agree that disputes arising under this Agreement will be resolved by binding, individual arbitration, and BY ACCEPTING THIS AGREEMENT, YOU AND EMOBI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
  

1. Defined Terms

• Certain capitalized terms used in this Agreement are defined in Section 21 (Definitions) and others are defined contextually in this Agreement.
  

2. Overview

• We provide a proprietary, web-based platform and related Applications (collectively, the “Emobi Platform”) that provide certain features and functionality relating to electric vehicle charging. Emobi also provides an application programming interface kit (the “API Kit”) to certain Customers. Customers’ and Emobi's rights and obligations in connection with the API Kit are governed by the terms and conditions of the license that it is distributed with, and not this Agreement.
  
• 2.1. Applicable Terms. This Agreement will apply to you in its entirety. Notwithstanding the foregoing, if you are a Site Visitor, the following Sections will not apply to you: Section 3 (Emobi Platform), Section 5 (Customer Data), Section 7 (Commercial Terms), Section 12.1 (Limitations of Liability – Customers), Section 13.1 (Indemnification – Customers), and Section 19.1 (Arbitration – Customers).
  
• 2.2. Eligibility. You must be at least 18 years old to use the Services. By agreeing to this Agreement, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with any and all Laws.
  

3. Emobi Platform

• 3.1. Permitted Uses. Subject to the terms and conditions of this Agreement and the Documentation, Emobi will make the Emobi Platform available, during the Term, to Customer and its Users solely for Customer’s internal business purposes.
  
• 3.2. Access. To access the Emobi Platform, Customer and its Users must register an Account. When registering for an Account, Customer and its Users will be required to provide Emobi with certain registration information (including, the Customer’s full corporate name, email address, and other contact information). Customer acknowledges and agrees, on behalf of itself and its Users, that the information provided to Emobi is accurate, complete, and not misleading, and that Customer will keep, and will require that its Users keep, such information accurate and up to date at all times. Each Account is personal to that User and may not be transferred, sold, or otherwise assigned to or shared with any other third party. Each User must keep its login credentials for its Account confidential and not share them with anyone else. Customer is responsible and liable for its Users’ compliance with this Agreement and any acts or omissions associated with their Accounts as if such act or omission was that of Customer. Customer will immediately notify Emobi at support@emobi.ai if it becomes aware of, or has a reasonable basis to believe that, any of its Users’ login credentials or their Accounts have been compromised or are no longer secure. Emobi collects and uses Account information as described in its Privacy Policy, but the Privacy Policy does not apply to Customer Data.
  
• 3.3. Prohibited Uses. Customer acknowledges and agrees that: (a) it will not use the Emobi Platform with Prohibited Data or for High Risk Activities; (b) the Emobi Platform is not intended to meet any obligations under Law with respect to any such use (including HIPAA requirements); and (c) under no circumstance is Emobi deemed to be a “Business Associate” as defined under HIPAA. In no event will Emobi have any liability to Customer or to any third party for Prohibited Data or use of the Emobi Platform in connection with High Risk Activities. Customer will use, and will require each of its Users to use, its best efforts to prevent any unauthorized access to or use of the Emobi Platform and will immediately notify Emobi at support@emobi.ai if it becomes aware of, or has a reasonable basis to believe that, any unauthorized access to or use of the Emobi Platform has occurred. If there is any unauthorized access or use by any third party who obtained access to the Emobi Platform directly or indirectly through Customer or its Users (including through their Accounts), Customer will take, and will cause its Users to take, all steps necessary to terminate the unauthorized access or use by such third party. Customer and its Users will provide all cooperation and assistance requested by Emobi to prevent or terminate unauthorized access to or use of the Emobi Platform.
  

4. Restrictions

• 4.1. Use Restrictions. You will not nor will you permit any third party to do any of the following: (a) distribute, rent, lease, sell, sublicense, or otherwise permit third parties to access or use the Services; (b) use the Services on behalf of, or to provide any product or service to, third parties (e.g., as a service bureau); (c) use the Services to develop a similar or competing product or service; (d) reverse engineer, decompile, disassemble, or seek to access the source code of the Services or other Emobi Technology used to provide the Services (except to the extent expressly permitted by Law, in which case you must provide Emobi with at least seven (7) days’ prior written notice before exercising its right under Law); (e) modify or create derivative works of the Services or copy any element of the Services; (f) remove, alter, or obscure any proprietary notices from the Services; (g) perform or conduct any benchmarking or similar activities (including publishing benchmarks or performance information about the Services); (h) circumvent, disable, or otherwise interfere with the Services’ operation, security, or other technical features or measures of the Services or of the Emobi Technology (including any access or usage restrictions); (i) conduct any security or vulnerability testing of the Services; or (j) transmit or upload any viruses, trojan horses, backdoors, malware, or any other forms of harmful or malicious materials to or through the Services.
  
• 4.2. No Support. Please contact Emobi at support@emobi.ai if you experience any issue with respect to the Services. Emobi is under no obligation to respond to or to resolve all or any issue reported to us or to provide any updates, upgrades, or other technical or maintenance support with respect to the Services.
  
• 4.3. Third-Party Platforms. Emobi may provide tools through the Service that enable you to export information, including User Content, to third-party services. By using one of these tools, you hereby authorize Emobi to transfer that information to the applicable third-party service. Third-party services are not under Emobi's control, and, to the fullest extent permitted by law, Emobi is not responsible for any third-party service’s use of your exported information. The Services may also contain links to third-party websites. Linked websites are not under Emobi's control, and Emobi is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Emobi will have no control over the information that has been shared.
  

5. Customer Data

• 5.1. Use of Customer Data. Customer grants Emobi a non-exclusive, worldwide, sublicensable right to use, copy, store, disclose, transmit, transfer, publicly display, modify, and create derivative works of Customer Data only as necessary to: (a)
  provide the Emobi Platform; (b) derive or generate Usage Data; (c) create and compile Aggregated Data; and (d) as otherwise required by Laws or as agreed to in writing between the parties. Emobi will implement and maintain commercially reasonable physical, technical, organizational, and administrative security measures and procedures that are designed to protect Customer Data in its possession against unauthorized access, use, modification, deletion, or disclosure.
  
• 5.2. Privacy Policy. To the extent Personal Data is uploaded, transmitted, submitted, provided, or processed in connection with Customer’s use of the Emobi Platform, Emobi will comply with the Privacy Policy.
  
• 5.3. Usage Data; Aggregated Data. Emobi may process Usage Data and Aggregated Data for its internal business purposes to: (a) track use of the Emobi Platform for billing purposes; (b) provide support for the Emobi Platform; (c) monitor the performance and stability of the Emobi Platform; (d) prevent or address technical issues with the Emobi Platform; (e) improve the Emobi Platform, our other products and services, and to develop new products and services; and (f) for all other lawful business practices, such as analytics, benchmarking, and reports. Customer will not interfere with the collection of Usage Data.
  
• 5.4. Customer Obligations. Customer is responsible for Customer Data, including its content and accuracy, and will comply with Laws and the Documentation when using the Emobi Platform. Customer represents and warrants that it has made all disclosures, provided all notices, and obtained all rights, consents, and permissions necessary for Emobi to collect, access, use, disclose, transfer, transmit, store, host, or otherwise Process the Customer Data as set forth in this Agreement without violating or infringing Laws, third-party rights, or terms or policies that apply to the Customer Data.
  
• 5.5. Suspension. Emobi may immediately suspend Customer’s and Users’ access to the Emobi Platform if: (a) Customer breaches Section 3.3 (Prohibited Uses), Section 4.1 (Use Restrictions), or Section 5.4 (Customer Obligations); (b) Customer’s Account is thirty (30) days or more overdue; (c) changes to Laws or new Laws require that Emobi suspend the Emobi Platform; or (d) Customer’s or Users’ actions risk harm to any of Emobi's other customers or the security, availability, or integrity of the Emobi Platform or Emobi Technology. Where practicable, Emobi will use reasonable efforts to provide Customer with prior notice of the suspension. If the issue that led to the suspension is resolved, Emobi will use reasonable efforts to restore your access to the Emobi Platform.
  
• 5.6. Customer Systems. Customer will provide and maintain any Customer Systems. Customer will be solely liable for implementing, securing, and maintaining Customer Systems, and Emobi will not be liable to Customer for any failure or non-fulfillment of Customer to do so.
  
• 5.7. Open Source. The Emobi Platform may be distributed or used with certain third-party open source software (“OSS”), as listed in the Documentation or as specified by Emobi upon prior written request by Customer. Any use of OSS on a stand-alone basis will be subject to the terms of the applicable OSS license and not this Agreement.
  

6. User Content

• 6.1. User Content Generally. Certain features of the Services may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Services, including messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Services, subject to the licenses granted in this Agreement.
  
• 6.2. Limited License Grant to Emobi. By Posting User Content to or via the Services, you grant Emobi a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in this Agreement, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Emobi's exercise of the license set forth in this Section. Please contact Emobi at support@emobi.ai to request the removal of your User Content from the Services.
  
• 6.3. You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Emobi disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Services. By providing User Content via the Services, you affirm, represent, and warrant to us that: (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Emobi and users of the Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Emobi, the Services, and this Agreement; (b) your User Content, and the Posting or other use of your User Content as contemplated by this Agreement does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Emobi to violate any Laws or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
  
• 6.4. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Emobi may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this Agreement, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Services, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Emobi with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Emobi does not permit infringing activities on the Services.
  
• 6.5. Monitoring Content. Emobi does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Services by its users. You acknowledge and agree that Emobi reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services for operational and other purposes. If at any time Emobi chooses to monitor the content, then Emobi still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. Emobi may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Services without any liability to the user who Posted such User Content to the Services or to any other users of the Services.
  

7. Commercial Terms

• 7.1. Fees. The Emobi Platform is currently provided free of charge, but Emobi reserves the right to charge fees for the Emobi Platform (including any feature or functionality of the Emobi Platform) at any time. Before paying any fees, Customer will have an opportunity to review and accept the fees before they are charged to Customer. All fees are denominated, and will be paid by Customer, in U.S. Dollars. Except as expressly set forth herein, any and all fees, costs, and expenses payable under this Agreement are non-cancellable and non-refundable. Emobi reserves the right to determine pricing for the Emobi Platform. Emobi may change the fees for the Emobi Platform (including any feature or functionality of the Emobi Platform), including additional fees or charges, and Emobi will notify Customer of any such changes before they apply. Except as may be otherwise agreed to by the parties in writing, Emobi's then-current pricing applicable for the Emobi Platform will apply to a Customer’s use of the Emobi Platform. Emobi, at its sole discretion, may make promotional offers with different features and different pricing to any of its other customers. These promotional offers, unless made to Customer, will not apply to Customer’s offer or this Agreement.
  
• 7.2. Payment Terms. Customer authorizes Emobi to charge all amounts owed by Customer, including applicable Taxes (defined below) to the payment method specified in Customer’s Account. If Customer pays any fees with a credit card, then Emobi may seek pre-authorization of Customer’s credit card account prior to Customer’s purchase to verify that the credit card is valid and has the necessary funds or credit available to cover the purchase. Late payments are subject to a service charge of 1.5% per month or the maximum amount allowed by Law, whichever is less. Customer will reimburse any documented costs or expenses incurred by Emobi to collect any fees or expenses that are not paid when due (including, without limitation, reasonable attorneys’ fees). Amounts due from Customer under this Agreement may not be withheld or offset by Customer against amounts due to Customer for any reason. Customer is responsible for any sales, use, GST, value-added, withholding, or similar taxes or levies that apply to its payment of fees due under this Agreement, whether domestic or foreign (“Taxes”), other than Taxes based on Emobi's income. All fees and expenses are exclusive of Taxes.
  

8. Warranties and Disclaimer

• 8.1. Warranties. Each party represents and warrants to the other party that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; and (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of its obligations under this Agreement. Customer represents and warrants to Emobi that: (a) it will comply with all Laws; and (b) it has provided all notices to and obtained all necessary and sufficient rights, permissions, capacity, consents, and authority to fully comply with its obligations under this Agreement without violating Laws, infringing, misappropriating, or otherwise diluting any third-party rights (including intellectual property, publicity, privacy, or other proprietary rights), or breaching any terms or conditions in any agreement or privacy policies with a third party.
  
• 8.2. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8.1 (WARRANTIES), THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. EMOBI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO EACH OF THE FOREGOING, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. EMOBI DOES NOT WARRANT THAT ANY PART OF THE SERVICES OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, IN EACH CASE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND EMOBI DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH YOUR USE OF THE SERVICES (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES) OR THE EMOBI ENTITIES (AS DEFINED BELOW) WILL CREATE ANY WARRANTY REGARDING ANY OF THE EMOBI ENTITIES OR THE SERVICES OR ANY SUCH ADVICE OR INFORMATION THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. THE EMOBI ENTITIES ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICES OR YOUR DEALINGS WITH ANY OTHER CUSTOMER, USER, OR SITE VISITOR. YOU UNDERSTAND AND AGREE THAT USE OF ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT THE EMOBI ENTITIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA, INCLUDING CUSTOMER DATA. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 8 (WARRANTIES AND DISCLAIMERS) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Emobi does not disclaim any warranty or other right that Emobi is prohibited from disclaiming under Law.
  

9. Term and Termination

• 9.1. Term. This Agreement starts on the Effective Date and continues until expiration or termination in accordance with Section 9.2 (the “Term”).
  
• 9.2. Termination. Either party may terminate this Agreement if the other party: (a) fails to cure a material breach of this Agreement (including a failure to pay fees) within thirty (30) days after notice; (b) ceases operation without a successor; or (c) seeks protection under a bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if such a proceeding is instituted against that party and not dismissed within 60 days. Notwithstanding the foregoing, if you are a Site Visitor and you violate any provision of this Agreement, then your authorization to access the Websites, and this Agreement, will, in each case, automatically terminate. In addition, if you are a Site Visitor, Emobi may, in our sole discretion, terminate this Agreement, or suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. Notwithstanding anything to the contrary in the foregoing, Emobi may terminate this Agreement, effective on written notice to Customer in the event Customer or its Users’ breach Section 3.3 (Prohibited Use), Section 4.1 (Use Restrictions), Section 5.4 (Customer Obligations), or Section 8.1 (Warranties).
  
• 9.3. Effect of Termination. Upon termination of this Agreement: (a) Customer’s access to and Emobi's obligations to provide the Emobi Platform will cease; and (b) Customer will pay to Emobi any fees or other amounts that have accrued prior to the effective date of the termination. During the Term and for the thirty (30) day period immediately following the date of termination of the Term, Customer may export Customer Data using the export features described in the applicable Documentation. After that thirty (30) day period, Emobi will be under no obligation to store or retain such Customer Data and may delete it at any time in Emobi's sole discretion. Customer Data and other Confidential Information, as defined in Section 14, may be retained in Recipient’s standard backups notwithstanding any obligation to delete the applicable Confidential Information but will remain subject to this Agreement’s confidentiality restrictions. You are solely responsible for retaining copies of any User Content you Post to the Services since upon termination of your Account, you may lose access rights to any User Content you Posted to the Services. If your Account has been terminated for a breach of this Agreement, then you are prohibited from creating a new Account on the Services using a different name, email address or other forms of account verification.
  
• 9.4. Survival. These Sections survive expiration or termination of this Agreement: Section 4.1 (Use Restrictions), 5.1 (Customer Data), 5.3 (Usage Data; Aggregated Data), Section 5.4 (Customer Obligations), 6 (User Content), 7 (Commercial Terms), 8 (Warranties and Disclaimer), 9.3 (Effect of Termination), 9.4 (Survival), 10 (Ownership), 11 (Feedback), 12 (Limitations of Liability), 13 (Indemnification), 14 (Confidentiality), 18 (Intellectual Property Rights Protection), 19 (Arbiration), 20 (Miscellaneous), and 21 (Definitions). Except where an exclusive remedy is provided in this Agreement, exercising a remedy under this Agreement, including termination, does not limit other remedies a party may have.
  

10. Ownership

• Neither party grants the other any rights or licenses not expressly set out in this Agreement. Except as expressly provided in this Agreement, as between the parties, Customer retains all intellectual property rights and other rights in Customer Data. Except as expressly provided in this Agreement, Emobi and our licensors retain all intellectual property rights and other rights in the Services, Documentation, Aggregated Data, Usage Data, and Emobi Technology, including any modifications or improvements made by us to any of the foregoing.
  

11. Feedback

• If you (and, if applicable, your Users) provide Emobi with feedback or suggestions relating to the Services or any other Emobi offerings (including Trials) (“Feedback”), you hereby grant Emobi an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services. Emobi will have no obligation to provide you (and, if applicable, your Users) with attribution for any Feedback provided to Emobi.
  

12. Limitations of Liability

• 12.1. Limitations of Liability - Customers. Except for breaches of Sections 3.1 (Permitted Use), 4.1 (Use Restrictions), 5.4 (Customer Obligations), and 14 (Confidentiality) (collectively, “Excluded Liabilities”), neither Emobi's, Customer’s or their respective suppliers or licensors will have liability arising out of or related to this Agreement for any loss of use, lost data, lost profits, failure of security mechanisms, interruption of business, or any indirect, special, incidental, reliance, or consequential damages of any kind, even if informed of their possibility in advance. Except for Excluded Liabilities and liabilities arising out of Section 13.1 (Indemnification - Customers), neither Emobi's, Customer’s or their respective suppliers’ or licensors’ liability arising out of or related to this Agreement will exceed, in the aggregate, the greater of: (a) the amounts paid or payable by Customer to Emobi pursuant to this Agreement during the 12 months prior to the date on which the applicable claim giving rise to the liability arose under this Agreement; or (b) $100.00 (USD).
  
• 12.2. Limitations of Liability – Site Visitors. In you are a Site Visitor, neither Emobi nor or its respective suppliers or licensors will have liability arising out of or related to this Agreement: (a) for any loss of use, lost data, lost profits, failure of security mechanisms, interruption of business, or any indirect, special, incidental, reliance, or consequential damages of any kind, even if informed of their possibility in advance; or (b) exceeding, in the aggregate, $50.00 (USD).
  
• 12.3. Essential Purpose. The waivers and limitations in this Section 12 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.
  

13. Indemnification

• 13.1. Indemnification - Customers. If you are a Customer, you will defend Emobi, its Affiliates, and their respective directors, officers, employers, agents, successors and assigns (collectively “Emobi Entities”) from and against any third-party claim to the extent resulting from: (a) Customer Data; (b) your User Content; (c) your or your Users’ violations of Law, fraud, gross negligence, or willful misconduct; or (c) your or your Users’ breach or non-fulfillment of any representation, warranty, or covenant in this Agreement, and you will indemnify and hold the Emobi Entities harmless against any damages and costs awarded against the Emobi Entities (including reasonable attorneys’ fees) or agreed in a settlement by you resulting from the third-party claim.
  
• 13.2. Indemniciation - Site Visitors. If you are a Site Visitor, you will defend the Emobi Entities from and against any third-party claim to the extent resulting from: (a) your User Content; (b) your violations of Law, fraud, gross negligence, or willful misconduct; (c) your breach or non-fulfillment of any representation, warranty, or covenant in this Agreement, or (c) your access to and use of the Websites, and you will indemnify and hold the Emobi Entities harmless against any damages and costs awarded against the Emobi Entities (including reasonable attorneys’ fees) or agreed in a settlement by you resulting from the third-party claim.
  

14. Confidentiality

• 14.1. Definition. “Confidential Information” means information disclosed to the receiving party (“Recipient”) under this Agreement that is marked by the disclosing party (“Discloser”) as proprietary or confidential or, if disclosed orally, is designated as proprietary or confidential at the time of disclosure. Our Confidential Information includes the terms and conditions of this Agreement and any technical or performance information about the Services.
  
• 14.2. Obligations. As Recipient, each party will: (a) hold Confidential Information in confidence and not disclose it to third parties except as permitted in this Agreement, including Section 5.1 (Use of Customer Data); and (b) only use Confidential Information to fulfill its obligations and exercise its rights in this Agreement. At Discloser’s request, Recipient will delete all Confidential Information, except, in the case where Emobi is the Recipient, Emobi may retain the Customer’s Confidential Information to the extent required to continue to provide the Emobi Platforms. Recipient may disclose Confidential Information to its employees, agents, contractors, and other representatives having a legitimate need to know, provided that Recipient remains responsible for their compliance with this Section 14 and they are bound to confidentiality obligations no less protective than this Section 14.
  
• 14.3. Exclusions. These confidentiality obligations do not apply to information that Recipient can show: (a) is or becomes public knowledge through no fault of the Recipient; (b) it rightfully knew or possessed prior to receipt under this Agreement; (c) it rightfully received from a third party without breach of confidentiality obligations; or (d) it independently developed without relying on Discloser’s Confidential Information.
  
• 14.4. Remedies. Unauthorized use or disclosure of Confidential Information may cause substantial harm for which damages alone are an insufficient remedy. Each party may seek appropriate equitable relief, in addition to other available remedies, for breach or threatened breach of this Section 14, without the necessity of proving actual damages or posting any bond.
  
• 14.5. Required Disclosures. Nothing in this Agreement prohibits either party from making disclosures, including of Customer Data and other Confidential Information, if required by Law, subpoena, or court order, provided (if permitted by Law) it notifies the other party in advance and cooperates in any effort to obtain confidential treatment.
  

15. Trials

• If Customer or Users receive access to or use of the Emobi Platform or features thereof on a free or trial basis or as an alpha, beta, or early access offering (“Trials”), such access to or use is permitted only for Customer’s internal evaluation and testing purposes during the period designated by Emobi (not to exceed thirty 30 days unless otherwise agreed upon by the parties in writing). These Trials will be considered part of the Emobi Platform and, subject to the remainder of this Section 15, all provisions of this Agreement relating to the Emobi Platform will apply to these Trials. All Trials are optional and either party may terminate Trials at any time for any reason. Trials may be inoperable, incomplete, or include features that Emobi may never release, and their features and performance information are deemed to be Emobi's Confidential Information. Emobi may suspend Customer’s and Users’ access to the Trials at any time. Customer’s and Users’ use of Trials is at their own risk. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EMOBI PROVIDES NO WARRANTY, INDEMNITY, OR SUPPORT FOR TRIALS, AND OUR LIABILITY FOR TRIALS WILL NOT EXCEED US $50.00.
  

16. Modifications to the Agreement

• Emobi may, from time to time, modify this Agreement. Please check this Agreement periodically for changes. Revisions will be effective immediately (except that, for existing Customers and their Users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated). We may require that you accept a modified Agreement in order to continue to use the Service. If you object to any such modification, your exclusive remedy is to terminate this Agreement with notice to Emobi and you should remove your User Content and discontinue your use of the Services. To exercise this termination right, you must notify Emobi of your objections within 30 days after Emobi's notice of the modified Agreement. Once the modified Agreement takes effect, your continued use of the Services constitutes your acceptance of the modifications. Emobi may require you to click to accept the modified Agreement.
  

17. Modifications to the Service

• Emobi may modify or discontinue all or any part of the Service at any time (including by limiting or discontinuing certain features or functionality of the Service), temporarily or permanently, without notifying you (except that Emobi will use commercially reasonable efforts provide Customer with 30 days’ prior notice in the event of any deprecation of any material feature or functionality of the Service). Emobi will have no liability for any change or modification to the Service or any suspension or termination of access to or use of the Service as a result thereof. Notwithstanding the foregoing, any such change or modification will only apply on a going-forward basis. You should retain copies of any User Content you Post to the Services so that you have permanent copies in the event the Services is modified in such a way that you lose access to User Content you Posted to the Services.
  

18. Intellectual Property Rights Protection

• 18.1. Respect of Third Party Rights. Emobi respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Services to do the same. Infringing activity will not be tolerated on or through the Services.
  
• 18.2. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Services, you may contact our Designated Agent at the following address:
  
  Emobi, Inc. d/b/a Emobi
  Attn: Legal Department (IP Notification)
  1201 3rd Ave, Floor 23, Seattle, Washington 98101
  Email: support@emobi.ai
  
• 18.3. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (b) a description of the copyrighted work or other intellectual property right that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Services; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf. Your Notification of Claimed Infringement may be shared by Emobi with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Emobi making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
  
• 18.4. Repeat Infringers. Emobi's policy is to: (a) remove or disable access to material that Emobi believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Services; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Services by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Emobi will terminate the accounts of users that are determined by Emobi to be repeat infringers.
  
• 18.5. Counter Notification. If you receive a notification from Emobi that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Emobi with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Emobi's Designated Agent through one of the methods identified in Section 18.2 (DMCA Notification), and include substantially the following information: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Emobi may be found, and that you will accept service of process from the person who provided notification under Section 18.2 (DMCA Notification) above or an agent of that person. A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
  
• 18.6. Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Emobi in response to a Notification of Claimed Infringement, then Emobi will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Emobi will replace the removed User Content or cease disabling access to it in 10 business days, and Emobi will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Emobi's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Emobi's system or network.
  
• 18.7. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Emobi] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Emobi reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
  

19. Arbitration

• 19.1. Arbitration - Customers. This Section 19.1 will apply only if you are a Customer. Any dispute as to the interpretation, enforcement, breach, or termination of this Agreement will be settled by binding arbitration in Seattle, Washington, under the Rules of the American Arbitration Association (“Rules”) by three arbitrators appointed in accordance with the Rules. If there is a conflict between the Rules and this Agreement, this Agreement will prevail. All other disputes will be resolved by a court specified in Section 20.2. Judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. Nothing in this Section will be interpreted or otherwise construed as preventing a party from applying at any time to a court of competent jurisdiction to seek and obtain injunctive and other equitable relief (including, without limitation, a temporary restraining order) and by doing so will not breach or waive the agreement to arbitrate disputes set forth in this Section. The parties, their representatives, the arbitratorS, and other participants shall keep confidential the existence, content, and result of the arbitration. Each party will bear its own costs in the arbitration. The arbitratorS will have full power and authority to determine issues of arbitrability and to interpret or construe the provisions of the agreement documents and to fashion appropriate remedies (including temporary, preliminary, interim, or permanent injunctive relief); provided that the arbitratorS will not have any right or authority: (a) in excess of the authority that a court having jurisdiction over the parties and the dispute would have absent this arbitration agreement; or (b) to award damages in excess of the types and limitation of damages found in the Agreement.
  
• 19.2. Arbitration – Site Visitors. This Section 19.2 will apply only if you are a Site Visitor. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND EMOBI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  
  • Generally. Except as described in Section 19.2(b) and Section 19.2(c), you and Emobi agree that every dispute arising in connection with this Agreement, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
    
  • Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
    
  • Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 19.2 within 30 days after the date that you agree to this Agreement by sending a letter to Emobi, Inc., Attention: Legal Department – Arbitration Opt-Out, 1201 3rd Ave, Floor 23, Seattle, Washington 98101 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Emobi receives your Opt-Out Notice, this Section 19.2 will be void and any action arising out of this Agreement will be resolved as set forth in Section 20.2. The remaining provisions of this Agreement will not be affected by your Opt-Out Notice.
    
  • Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by this Agreement. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Emobi.
    
  • Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Emobi's address for Notice is: Emobi, Inc., 1201 3rd Ave, Floor 23, Seattle, Washington 98101. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Emobi may commence an arbitration proceeding. If you commence arbitration in accordance with this Agreement, Emobi will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
    
  • Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or Emobi must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
    
  • Arbitration Relief. Except as provided in Section 19.2(h), the arbitrator can award any relief that would be available if the claims had been brough in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Emobi before an arbitrator was selected, Emobi will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
    
  • No Class Actions. YOU AND EMOBI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Emobi agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
    
  • Modifications to this Arbitration Provision. If Emobi makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Emobi's address for Notice of Arbitration, in which case your account with Emobi will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
    
  • Enforceability. If Section Section 19.2(h) or the entirety of this Section 19.2 is found to be unenforceable, or if Emobi receives an Opt-Out Notice from you, then the entirety of this Section 19.2 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 20.2 will govern any action arising out of or related to this Agreement.
    

20. Miscellaneous

• 20.1. General Provisions. This Agreement, including the Privacy Policy and any other agreements expressly incorporated by reference into this Agreement, are the entire and exclusive understanding and agreement between you and Emobi with respect to the subject matter herein. You may not assign or transfer this Agreement or its rights under this Agreement, in whole or in part, by operation of law or otherwise, without Emobi's prior written consent. Emobi may assign this Agreement and all rights granted under this Agreement, including with respect to your Customer Data, at any time without notice or consent. Emobi may use subcontractors and permit them to exercise Emobi's rights and to perform Emobi's obligations on behalf of Emobi, but Emobi remains responsible for their compliance with this Agreement. The failure to require performance of any provision will not affect Emobi's right to require performance at any other time after that, nor will a waiver by Emobi of any breach or default of this Agreement, or any provision of this Agreement, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in this Agreement is for convenience only and will not have any impact on the interpretation of any provision. Neither party is liable for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) due to events beyond its reasonable control, such as a strike, pandemic, epidemic, health emergency, blockade, war, pandemic, act of terrorism, riot, Internet or utility failures, refusal of government license, or natural disaster. Throughout this Agreement the use of the word “including” means “including but not limited to.” If any part of this Agreement is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. The parties are independent contractors, not agents, partners, or joint venturers.
  
• 20.2. Governing Law. This Agreement is governed by the laws of the State of Washington and the United States without regard to conflicts of laws provisions that would result in the application of the laws of another jurisdiction and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to this Agreement will be the state and state and federal courts located in King County, Washington and both parties submit to the personal jurisdiction of those courts.
  
• 20.3. Additional Terms. The Services are subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that Emobi may post on or link to from the Services (“Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, this Agreement.
  
• 20.4. Consent to Electronic Communications. You agree that Emobi and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Services. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM EMOBI, YOU CAN EMAIL support@emobi.ai OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL CALLS AND TEXT MESSAGES FROM EMOBI, YOU CAN EMAIL support@emobi.ai OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL CALLS AND MESSAGES MAY IMPACT YOUR USE OF THE SERVICES. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive [calls and] texts is not a condition of any purchase on or use of the Services. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
  
• 20.5. Contact Information. The Emobi Platform is offered by Emobi, Inc., located 1201 3rd Ave, Floor 23, Seattle, Washington 98101. Customer may contact Emobi by sending correspondence to that address or by emailing Emobi at support@emobi.ai.
  
• 20.6. Customer Terms. The terms in any Customer purchase order, ordering document, or business form will not amend or modify this Agreement and are expressly rejected by Emobi; any of these Customer documents are for administrative purposes only and have no legal effect.
  
• 20.7. Notices. By using the Services, you consent to receiving certain electronic communications from Emobi as further described in the Privacy Policy. Please read the Privacy Policy to learn more about our electronic communications practices. You hereby agrees that any notices, agreements, disclosures, or other communications that Emobi may send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. Any notice to, or consent required of, Emobi under this Agreement must be in writing and will be deemed given: (a) upon receipt if by personal delivery; (b) upon receipt if by certified or registered U.S. mail (return receipt requested); or (c) one day after dispatch if by a commercial overnight delivery service. Notices to Emobi must be provided to 1201 3rd Ave, Floor 23, Seattle, Washington 98101 or to such other address as Emobi may specify in writing.
  
• 20.8. Notice Regarding Apple. This Section 20.8 (Notice Regarding Apple) only applies to the extent you are using our mobile Application on an iOS device. You acknowledge that this Agreement is between you and Emobi only, not with Apple Inc. (“Apple”), and Apple is not responsible for such Application or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to such Application. If the Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Application. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Application and/or your possession and use of the Application infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Application. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
  
• 20.9. Publicity. Neither party may make any public announcement relating to this Agreement except with the other party’s prior written consent or as required by Laws. Emobi may reference Customer’s name and include Customer’s trademarks, logos, and other branding elements (“Marketing Materials”) in Emobi's customer lists, promotional materials, and in connection with its marketing, advertising, promotional, or sales practices or activities; provided that Customer may require that Emobi cease further use of Marketing Materials upon written notice to Emobi (except that Emobi will not be obligated to cease its use of any tangible materials containing, embodying, or including Marketing Materials that are in existence at the time of Emobi's receipt of such notice from Customer).
  

21. Definitions

• “Account” means an account enabling a User to access and use the Emobi Platform through User login credentials.
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  “Affiliate” means an entity directly or indirectly owned or controlled by a party, where “ownership” means the beneficial ownership of fifty percent (50%) or more of an entity’s voting equity securities or other equivalent voting interests and “control” means the power to direct the management or affairs of an entity.
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  “Aggregated Data” means Customer Data that has been deidentified or aggregated with other data such that the resulting data no longer reasonably identifies Customer or a specific individual.
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  “Application” means a hosted, mobile, or downloadable application operated and maintained by Emobi that interoperates and interconnects with the Emobi Platform.
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  “Customer Data” means any data or information that: (a) Customer (including Users) submits to the Emobi Platform, including from third-party platforms (as described in Section 4.3); and (b) is collected, accessed, used, disclosed, transferred, transmitted, stored, hosted, or otherwise processed by Emobi to provide the Emobi Platform to Customer.
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  “Customer Systems” means Customer’s hardware, software, other technology, and infrastructure that Customer is required to provide and maintain in order for Customer to access and use the Emobi Platform.
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  “Documentation” means the then-current version of Emobi's usage guidelines and standard technical documentation for the Emobi Platform.
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  “High Risk Activities” means activities where use or failure of the Emobi Platform could lead to death, personal injury, or environmental damage, including life support systems, emergency services, nuclear facilities, autonomous vehicles, or air traffic control.
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  “Laws” means all applicable relevant local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer, international communications, and export of data, including Personal Data.
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  “Personal Data” means “personal data,” “personal information,” “personally identifiable information,” “nonpublic personal information,” or any similar concept under any applicable Laws.
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  “Privacy Policy” means the Privacy Policy (available at https://www.emobi.ai/privacy-policy)
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  “Process” means to collect, access, use, disclose, transfer, transmit, store, host, or otherwise process.
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  “Prohibited Data” means any: (a) special categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (b) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented) (“HIPAA”); (c) credit, debit, or other payment card data subject to the Payment Card Industry Data Security Standards; (d) other information subject to regulation or protection under specific Laws such as the Children’s Online Privacy Protection Act or Gramm-Leach-Bliley Act (or related rules or regulations); (e) social security numbers, driver’s license numbers, or other government ID numbers; or (f) any data similar to the above that are protected under applicable Laws.
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  “Emobi Technology” means any: (a) works of authorship, including computer programs (whether in source code or in executable code form), architecture, technical information, hardware, and equipment; (b) inventions (whether or not patentable), discoveries and improvements; (c) proprietary and confidential information, trade secrets and know-how; (d) databases, data compilations, and collections and technical data; (e) methods, procedures, practices, protocols, techniques, and processes; and (f) any other technology; in each case, which is a tangible embodiment of such technology and used by Emobi to provide or otherwise make available the Emobi Platform.
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  “Usage Data” means information generated from the use of the Emobi Platform, which data does not identify Users, any other natural human persons, or Customer, such as technical logs, data, and learnings about Customer’s use of the Emobi Platform, but excluding any identifiable Customer Data.
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  “User” means any employee or contractor of Customer that Customer allows to use the Emobi Platform on Customer’s behalf.