TOGETHER BY RENEE™ TERMS OF USE

SixD Inc. (d/b/a Renee) (“Renee,” “we,” “us,” or “our”) provides a proprietary health and wellness management mobile application called Together by Renee™ (“App”). These Terms of Use (“Terms of Use”) constitutes a binding legal agreement between Renee and you and govern your use of the App.

PLEASE NOTE, THE APP IS INTENDED SOLELY AS A TOOL TO ASSIST YOU IN ORGANIZING, UNDERSTANDING AND MANAGING HEALTH AND WELLNESS-RELATED INFORMATION. THE APP IS NOT INTENDED TO PROVIDE HEALTH OR MEDICAL ADVICE AND IS NOT INTENDED TO (AND DOES NOT) CREATE ANY PATIENT RELATIONSHIP BETWEEN RENEE AND YOU, NOR SHOULD IT BE CONSIDERED A REPLACEMENT FOR CONSULTATION WITH A HEALTH CARE PROFESSIONAL. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE APP OR THE RESULTS YOU RECEIVE THROUGH THE APP.

IN ADDITION, YOU UNDERSTAND AND AGREE THAT IN PROVIDING THE APP WE RELY ON A NUMBER OF THIRD PARTY PROVIDERS, INCLUDING FOR PURPOSES OF SENDING PUSH NOTIFICATIONS, AND HEREBY DISCLAIM ANY LIABILITY WITH RESPECT TO THE SERVICES PROVIDED BY SUCH PROVIDERS. YOU SHOULD NOT RELY ON THE APP FOR ANY LIFE-THREATENING CONDITION OR ANY OTHER SITUATION WHERE TIMELY ADMINISTRATION OF MEDICATIONS OR OTHER TREATMENT IS CRITICAL.

By accessing and using this App, and/or completing registration of an account, you acknowledge that you are at least 18 years or older and have read, understood and agree to be bound by these Terms of Use. We may modify the Terms of Use from time to time. All changes will be posted, and the effective date will be noted at the top. Therefore, you should review it periodically so that you are up to date on our most current Terms of Use. If we make material changes to the Terms of Use, we will email you a notice of such updated terms. If at any time you do not agree to the Terms of Use, and/or our Privacy Statement, you may not access or use our App.

THESE TERMS OF USE INCLUDE A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. DETAILS, INCLUDING INFORMATION ON YOUR OPTIONS TO OPT OUT OF SUCH, ARE SET FORTH IN SECTION 16 (DISPUTE RESOLUTION).

1. USE OF THE APP.
Unless subject to a separate license between you and Renee that expressly supersedes these Terms of Use, your right to use any and all App is subject to the Terms of Use. Subject to your compliance with the Terms of Use, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App on a mobile device, tablet, or computer that you own or control solely for your own personal or internal business purposes.


2. COMMUNICATIONS FROM RENEE.
In order to provide you with the App, we will need to communicate with you in a variety of ways, including by e-mail, text message, calls, and push notifications. By using the App, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your account or the use of the App, updates concerning new and existing features on the App, communications concerning promotions run by us or our third-party partners, and news concerning Renee. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY REPLY WITH THE WORD “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN REPLY WITH THE WORD “STOPALL” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE APP.


3. YOUR RESPONSIBILITIES.
Your authorization to use the App is conditioned on your compliance with the following responsibilities. We reserve the right to suspend and/or terminate your account if you misuse the App, or if you violate the Terms of Use including, without limitation, the following rules of conduct:

You Must:
• Provide all equipment and software necessary to connect to the App, including but not limited to, a mobile device that is suitable to connect with and use the App and you are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the App;
• Use the App for lawful purposes only;
• Ensure all personal and medical information you provide to the App is kept current and updated, including, without limitation, updating your contact information, including your email address, in the App; and
• Notify Renee immediately of any unauthorized use of your account or password, or any other breach of security. You understand you remain responsible, and may be held liable, for any activity on your account resulting from your failure to keep your account information secure and confidential.
You Must Not:
• Use the App in a manner other than as permitted by these Terms;
• Provide access to the App to any third party even if acting on your behalf;
• Use another user’s account, share an account with another user, or maintain more than one account;
• Reverse engineer the App or assist another in the same;
• Engage in any fraudulent, illegal or unauthorized use of the App;
• Use the App or the content for any purpose or make any other actions in violation of local, state, national, or international laws or regulations;
• Violate any code of conduct or other guidelines which may be applicable.
• Attempt to interfere with or disrupt our App, servers or networks;
• Use the App for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access;
• Aggregate, copy, duplicate, publish, or make available to third parties outside the Service in any manner any of the content or any other materials or information available App the App;
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as intellectual property, rights of privacy and publicity) of others;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
• Use the App to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; and
• Engage in any other action that, in the judgment of Renee, exposes it or any third party to potential liability or detriment of any type.
Renee will determine your compliance with the Terms of Use in our sole discretion and our decision shall be final and binding. Any violation of the Terms of Use may result in restrictions or termination on your access to and use of all or part of the App and may be referred to law enforcement authorities.


4. TERM AND TERMINATION.
You may terminate your registration at any time. Your right to use any of our App expires upon the earlier of termination or suspension by you or Renee, with or without cause, including, for example, if you violate these Terms of Use. We may cancel, suspend or block your use of the App and/or registration at any time, without cause and/or without notice. Upon termination, any data you have stored on our App may be unavailable later, unless we are required to retain it by law. We recommend that you transfer any of your information stored on the Service prior to terminating registration. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE APP.


5. INTELLECTUAL PROPERTY.
The App, and the information and content available on them, are protected by applicable intellectual property laws. You understand and acknowledge that the software, code, proprietary methods and systems, content, and trademarks used to provide the App (“Intellectual Property”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. You acknowledge that the Intellectual Property provided through the App are provided under license, and not sold, to you. Our Intellectual Property may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors.

You grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, any information uploaded or otherwise transmitted to the App by you (in whole or in part) for the purposes of operating and providing App.


6. FEEDBACK.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the App (collectively “Feedback”), we will maintain these submissions in our sole discretion and consider such to be irrevocably transferred to Renee. You understand and agree that by providing this Feedback to us that you are irrevocably assigning any rights you may have in such to Renee and that Renee shall have the right, but not the obligation, to use this Feedback perpetually, free of charge, and throughout the world without restriction.


7. CONFIDENTIAL INFORMATION.
You acknowledge the proprietary and confidential nature of the App and any and all of our information provided to you through the App, including but not limited to our trade secrets, intellectual property and proprietary rights, business and financial information, technical information, and processes (collectively, the “Confidential Information”). You agree not to: (i) use Confidential Information for any purpose other than use of the App pursuant to these Terms of Use: and (ii) disclose our Confidential Information to any third party without our prior written consent. At a minimum, you agree to limit access to our Confidential Information to those advisors, attorneys, contractors, consultants and employees having a need to know our Confidential Information for that party either to exercise its rights or fulfill its obligations, as applicable, under these Terms of Use.


8. ASSUMPTION OF RISK.
YOU ASSUME ALL RISK FOR THE USE OF THE APP AND ANY INFORMATION AND CONTENT YOU PROVIDE THROUGH OR TO THE APP. RENEE SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE APP OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY. YOU ACKNOWLEDGES THAT RENEE: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR YOUR USE OF THE APP OR CONTENT PROVIDED THEREON, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE APP PROVIDED THEREON MAY BE USED BY YOU, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE APP, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE APP BY PERSONS OTHER THAN RENEE.


9. DISCLAIMER AND RELEASE OF THIRD-PARTY ACTIONS
WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR APP. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD-PARTIES. YOU RELEASE US FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, DISPUTE, OR DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.


10. DISCLAIMER OF IMPLIED WARRANTIES.
WE PROVIDE THE APP “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE APP. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE APP IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE APP (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE DO NOT GUARANTEE THAT ANY SUCCESS OR RESULTS WILL BE ACHIEVED BY YOU THROUGH THE USE OF THE APP OR THAT THE APP IS SUITABLE OR USEFUL YOUR PURPOSES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTERS OR OTHER ELECTRONIC DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. YOU USE THE APP AT YOUR OWN RISK.


11. LIMITATION OF LIABILITY.
THE INFORMATION CONTAINED WITHIN THE APP IS INTENDED FOR USE ONLY AS AN INFORMATIONAL TOOL AND YOU ARE URGED TO CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING YOUR SPECIFIC SITUATION FOR DIAGNOSIS OR BY PHYSICIANS AND PROFESSIONALS WHO SHOULD RELY ON THEIR CLINICAL DISCRETION AND JUDGMENT IN DIAGNOSIS AND TREATMENT. AS BETWEEN YOU AND RENEE, YOU HEREBY ASSUME FULL RESPONSIBILITY FOR ENSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR, OUR PARENT AND OUR SUPPLIERS’ CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE EXCEED $100.

YOU ACKNOWLEDGE AND AGREE THAT RENEE IS NOT LIABLE FOR ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS’ FEES, DAMAGES OR OTHER LOSSES ARISING OUT OF OR RELATING TO (A) YOUR USE OF THE APP OR CONTENT PROVIDED THEREON, AND (B) ANY DATA OR INFORMATION INPUT ON THE APP BY YOU OR A THIRD PARTY, IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY. WE, OUR PARENT, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OR RELIANCE ON MATERIALS CONTAINED IN THE SERVICE OR INABILITY TO USE THE APP. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, PROVIDERS AND SUPPLIERS, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


12. INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including but not limited to, attorney’s fees that arise from your use or misuse of the App or your violation of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.


13. LINKS TO THIRD PARTY SERVICES.
The App may contain links to websites or services operated by other parties as a convenience, and your use of these sites and services is at your own risk. The linked sites and services are not under the control of Renee and we are not responsible for the content available on these third-party sites.


14. LINKS TO THIRD PARTY SERVICES.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Renee and limits the manner in which you can seek relief from us.

16.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Service, or to any aspect of your relationship with Renee, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Renee may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.

IF YOU AGREE TO ARBITRATION WITH RENEE, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST RENEE ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST RENEE IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THESE TERMS OF USE, INCLUDING THIS ARBITRATION AGREEMENT.


16.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Renee. The arbitration will be conducted by JAMS. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/, all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at http://www.jamsadr.com or by calling JAMS at 800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by the JAMS’s rules. Renee will reimburse all such filing, administration and arbitrator fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.


16.3 Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Renee. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms of Use (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.


16.4 Waiver of Jury Trial. YOU AND RENEE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Renee are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16.1 above. An arbitrator can award on an individual basis 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.


16.5 Waiver of Class or Other Non-Individualized Relief. LL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PATIENT OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PATIENT OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other disputes, claims, or requests for relief shall be arbitrated.


16.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the address at the end of these Terms of Use, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Renee username (if any), the email address that is associated with your Renee account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Terms of Use will continue to apply to you.


15. VOID WHERE PROHIBITED.
Renee is based in the United States. We provide the App for use only by persons located in the United States. We make no claims that the App is appropriate outside of the United States. Use of the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Use of our Service is void where prohibited.


16. ADDITIONAL TERMS FOR APPLE USERS.
If you access an App via a mobile device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS, the following terms are hereby made part of these Terms of Use:
• Acknowledgement. You acknowledge that these Terms of Use are between you and Renee only, and not with Apple, and Renee, not Apple, is solely responsible for the App and the content thereof.
• Scope of License. The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing, volume purchasing, or Legacy Contacts.
• Maintenance and Support. Renee, and not Apple, is solely responsible for providing any maintenance and support services with respect to the App, consistent with Renee’s policies. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• Warrant. Renee is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Renee’s sole responsibility.
• Product Claims. You acknowledge that Renee, not Apple, is responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights. You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Renee, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the App.
• Third-Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
17. MISCELLANEOUS.
These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the app constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms of these Terms of Use shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your access or use of the app. Our performance of the terms of these Terms of Use is subject to existing laws and legal process, and nothing contained in these terms is in derogation of our right to comply with law enforcement requests. These Terms of Use shall be governed by and construed in accordance with the substantive laws of the State of California, consistent with the Federal Arbitration Act, without regard to conflict of law principles. In any litigation or arbitration related to this Agreement, the prevailing party will be entitled to recover (from the other party) the prevailing party’s reasonable attorney’s fees, court costs, and expert witness fees. Without limiting the foregoing, any provision that by its nature is intended to survive expiration or termination of these Terms of Use shall survive expiration or termination of this Agreement. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.


18. CONTACTING RENEE.
If you have any questions or comments about these Terms of Use, please contact us at support@togetherapp.com. Our mailing address is 15332 Antioch St. #577 Los Angeles, CA 90272.