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TONAL
TERMS OF SERVICE

Last Updated: January 12th, 2021

Please read these Terms of Service (the “Agreement”) carefully. Your use of the
Service (as defined below) constitutes your consent to this Agreement.

This Agreement is between you and Tonal Systems, Inc. (“Tonal” or “we” or “us”)
concerning your use of (including any access to) the online services that Tonal
makes available for use through the exercise equipment that it makes available,
and any mobile app(s) that Tonal makes available for use in connection with such
equipment (the “App”) (collectively, together with any software, web pages,
cloud services, content, and other materials and services available therein, and
successor service(s) and app(s) thereto, the “Service”). This Agreement hereby
incorporates by this reference any additional terms and conditions posted by
Tonal through the Service, or otherwise made available to you by Tonal.

By using the Service, you affirm that you are of legal age to enter into this
Agreement, or, if you are not, that you have obtained parental or guardian
consent to enter into this Agreement. Please note that separate requirements may
apply to a minor’s use of any Tonal devices or Service.

If you are an individual accessing or using the Service on behalf of, or for the
benefit of, any corporation, partnership or other entity with which you are
associated (an “Organization”), then you are agreeing to this Agreement on
behalf of yourself and such Organization, and you represent and warrant that you
have the legal authority to bind such Organization to this Agreement. References
to “you” and “your” in this Agreement will refer to both the individual using
the Service and to any such Organization. Please note that use of the Service by
or on behalf of any Organization may also be subject to additional terms made
available by Tonal from time to time, which are hereby incorporated by this
reference into this Agreement.

This Agreement contains a mandatory arbitration provision that, as further set
forth in Section 23 below, requires the use of arbitration on an individual
basis to resolve disputes, rather than jury trials or any other court
proceedings, or class actions of any kind.

1. Changes. We may change this Agreement from time to time by notifying you of
such changes by any reasonable means, including by posting a revised
Agreement through the Service. Any such changes will not apply to any
dispute between you and us arising prior to the date on which we posted the
revised Agreement incorporating such changes, or otherwise notified you of
such changes.

Your use of the Service following any changes to this Agreement will
constitute your acceptance of such changes. The “Last Updated” legend above
indicates when this Agreement was last changed. We encourage you to check
the Service regularly to learn about changes to this Agreement. We may, at
any time and without liability, modify or discontinue all or part of the
Service (including access to any part of the Service via any third-party
links); charge, modify or waive any fees required to use any part of the
Service; or offer opportunities to some or all Service users.

2. Information Submitted Through the Service. Your submission of information
through the Service is governed by Tonal’s Privacy Policy, located
at https://www.tonal.com/privacy (the “Privacy Policy”). You represent and
warrant that any information you provide in connection with the Service is
and will remain accurate and complete, and that you will maintain and
update such information as needed.
3. Jurisdictional Issues. The Service is controlled or operated (or both) from
the United States, and is not intended to subject Tonal to any non-U.S.
jurisdiction or law. The Service may not be appropriate or available for
use in some non-U.S. jurisdictions. Any use of the Service is at your own
risk, and you must comply with all applicable laws, rules and regulations
in doing so. We may limit the Service’s availability at any time, in whole
or in part, to any person, geographic area or jurisdiction that we choose.

4. Fitness-Related Content. The content and other material and services
available through the Service may include instructional videos, exercise
routines, exercise records and other media. You acknowledge and agree that
Tonal is not a healthcare provider or fitness instructor; that the Service
(including any recommendations and any information available through the
Service that may be personalized) may not be appropriate for you, and does
not constitute or replace medical advice; and that Tonal is not responsible
for any results that may (or may not) be obtained from the use of the
Service. You acknowledge and agree that it is your sole responsibility to
consult with your personal physician regarding any medical condition,
impairment or disability that may prevent or limit your ability to use the
Service. You further understand and agree that you are solely responsible
for abiding by your personal physician’s recommendation as to any such
medical restrictions, and for using the Service solely in accordance with
your personal physician’s advice.

Individuals under 15 years old are not permitted to use or access the
Service, except as described in Section 5 below. Minors who are at least 15
years old who can safely fit and use the Tonal trainer may use the Tonal
trainer and Service with parent/guardian consent so long as the
parent/guardian is present at all times during use.

5. Family Content. You may permit individuals under the age of 18 to use
family content only if you remain present and supervise the minor at all
times during use of the family content. You are fully responsible for the
minor’s safe use of family content.

6. Waiver. You understand that by using the Service, you may be exposed to a
variety of hazards and risks, foreseen or unforeseen, including risks that
arise as a result of entering a gym space or any other space or environment
in which the Service is made available, performing physical activity,
and/or using the equipment on which the Service is available. You
understand that injuries or damage could occur by natural causes or
activities of other persons, including the activities of other persons
using such equipment, or other third parties (including third-party fitness
instructors and other exercise participants), whether as a result of
negligence or otherwise. To the fullest extent permitted by applicable law,
you voluntarily assume all risk of loss, damage and injury to person or
property that may arise from, or that is related to, your use of the
Service, whether such risk is known or unknown to you.

You hereby waive and release Tonal and the Affiliated Entities (as defined
below), to the maximum extent permitted by law, from any claim, action,
suit or demand arising out of or in connection with the use of the Services
(including with respect to any physical injury or death). You acknowledge
that neither Tonal nor the Affiliated Entities will incur any obligation to
you under any legal theory (including negligence) as a result of your use
of the Service. You agree that this release is binding upon you and your
heirs, executors, administrators, successors and assigns.

The foregoing release is intended to apply to all claims not known or
suspected to exist, with the intent of waiving, if applicable, the effect
of California Civil Code Section 1542 (which states as follows: A general
release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release,
which, if known by him or her, must have materially affected his or her
settlement with the debtor.) and other analogous laws or legal principles
of any jurisdiction requiring the intent to release future unknown claims.

7. Rules of Conduct. In connection with the Service, you must not:
* Post, transmit or otherwise make available through or in connection with
the Service any materials that are or may be: (a) threatening, harassing,
degrading, hateful or intimidating, or otherwise fail to respect the
rights and dignity of others; (b) defamatory, libelous, fraudulent or
otherwise tortious; (c) obscene, indecent, pornographic or otherwise
objectionable; or (d) protected by copyright, trademark, trade secret,
right of publicity or privacy or any other proprietary right, without the
express prior written consent of the applicable owner.
* Post, transmit or otherwise make available through or in connection with
the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware
or other computer code, file or program that is or is potentially harmful
or invasive or intended to damage or hijack the operation of, or to
monitor the use of, any hardware, software or equipment (each, a
“Virus”).
* Use the Service for any commercial purpose, or for any purpose that is
fraudulent or otherwise tortious or unlawful.
* Harvest or collect information about users of the Service.
* Interfere with or disrupt the operation of the Service or the servers or
networks used to make the Service available, including by hacking or
defacing any portion of the Service; or violate any requirement,
procedure or policy of such servers or networks.
* Restrict or inhibit any other person from using the Service with his or
her own Tonal device.
* Reproduce, modify, adapt, translate, create derivative works of, sell,
rent, lease, loan, timeshare, distribute or otherwise exploit any portion
of (or any use of) the Service except as expressly authorized herein,
without Tonal’s express prior written consent.
* Reverse engineer, decompile or disassemble any portion of the Service,
except where such restriction is expressly prohibited by applicable law.
* Remove any copyright, trademark or other proprietary rights notice from
the Service.
* Frame or mirror any portion of the Service, or otherwise incorporate any
portion of the Service into any product or service, without Tonal’s
express prior written consent.
* Systematically download and store Service content.
* Use any robot, spider, site search/retrieval application or other manual
or automatic device to retrieve, index, “scrape,” “data mine” or
otherwise gather Service content, or reproduce or circumvent the
navigational structure or presentation of the Service, without Tonal’s
express prior written consent.
* You are responsible for obtaining, maintaining and paying for all
hardware and all telecommunications and other services needed to use the
Service.
8. Products. The Service may make available listings, descriptions and images
of goods or services or related coupons or discounts (collectively,
“Products”), as well as references and links to Products. Such Products may
be made available by Tonal or by third parties, and may be made available
for any purpose, including general information purposes. The availability
through the Service of any listing, description or image of a Product does
not imply our endorsement of such Product or affiliation with the provider
of such Product. We make no representations as to the completeness,
accuracy, reliability, validity or timeliness of such listings,
descriptions or images (including any features, specifications and prices
contained therein). Such information and the availability of any Product
(including the validity of any coupon or discount) are subject to change at
any time without notice. Certain weights, measures and similar descriptions
are approximate and are for convenience only. We make reasonable efforts to
accurately display the attributes of Products, including the applicable
colors, however the actual colors you see will depend on your computer
system, and we cannot guarantee that your computer will accurately display
such colors. It is your responsibility to ascertain and obey all applicable
local, state, federal and foreign laws (including minimum age requirements)
regarding the purchase, possession and use of any Product.

9. Transactions. We may make available the ability to purchase or otherwise
obtain certain Products through the Service (a “Transaction”). If you wish
to make a Transaction, you may be asked to supply certain relevant
information, such as your credit card number and its expiration date, your
billing address and your shipping information. You represent and warrant
that you have the right to use any credit card that you submit in
connection with a Transaction. By submitting such information, you grant to
us the right to provide such information to third parties for purposes of
facilitating Transactions. Verification of information may be required
prior to the acknowledgment or completion of any Transaction. By making a
Transaction, you represent that the applicable Products will be used only
in a lawful manner.

Tonal reserves the right, including without prior notice, to limit the
available quantity of or discontinue making available any Product; to
impose conditions on the honoring of any coupon, discount or similar
promotion; to bar any user from making any Transaction; and to refuse to
provide any user with any Product. Refunds and exchanges will be subject to
Tonal’s applicable refund and exchange policies. You agree to pay all
charges incurred by you or on your behalf through the Service, at the
prices in effect when such charges are incurred, including all shipping and
handling charges. In addition, you are responsible for any taxes applicable
to your Transactions. While it is our practice to confirm orders by e-mail,
the receipt of an e-mail order confirmation does not constitute our
acceptance of an order or our confirmation of an offer to sell a product or
service.

Products will be shipped to an address designated by you, if applicable, so
long as such address is complete and complies with the shipping
restrictions contained on the Service. All Transactions are made pursuant
to a shipment contract and, as a result, risk of loss and title for
Products pass to you upon delivery of the Products to the carrier. You are
responsible for filing any claims with carriers for damaged and/or lost
shipments.

10. Memberships. Certain features, content, functionalities and other aspects
of the Services may be available only through a program (the “Membership
Program”) for users with a valid membership. The fee for the Membership
Program (the “Membership Fee”) is the amount currently identified
at https://www.tonal.com/product/tonal/, plus any applicable taxes, and is
non-refundable. Tonal may, in its sole and absolute discretion, change the
Membership Fee from time to time.

An initial Membership Program term of one year is required with each
purchase of a Tonal device, except devices in multi-residence households as
described below. The Membership Fee is payable on a monthly basis. After
the initial one-year term, each membership will renew automatically on a
monthly basis, unless you cancel your membership. Unless you notify us at
least one and no more than 30 days before any such renewal date that you
wish to cancel your membership or that you do not wish to automatically
renew your membership, you understand and expressly agree that your
membership will automatically continue for additional periods of one month
each, and you authorize Tonal (without notice to you, unless required by
applicable law) to collect and charge the then-applicable Membership Fee
and any applicable taxes, for each such renewal, using any payment card
that Tonal has on file for you. You agree to provide Tonal with alternate
payment card information if the payment card Tonal has on file for you is
no longer valid, or if you choose to use a different payment card. For
clarity, if your payment card expires or is no longer valid, your
membership is paused, or we are otherwise unable to charge a Membership Fee
payment to your payment card for any particular month during your initial
Membership term, you are still responsible for making twelve monthly
Membership Fee payments, which may mean that the monthly payments for your
initial Membership term continue until you have made twelve monthly
payments. The Tonal trainer will stop functioning if you do not complete
the twelve monthly payments of the required initial Membership term.

If you wish to cancel your membership, you may contact our Customer Care
team here. Please contact our Customer Care team at least one and no more
than 30 days prior to your desired last day of service.

All memberships in the Membership Program are final. Except as otherwise
required by applicable law, any paid Membership Fees (or payable Membership
Fees for the remainder of an existing membership term) are non-cancellable
and non-refundable. If you decide to cancel your membership, your
membership will automatically expire at the end of your then-current
membership term. For example, if you cancel your membership in the middle
of a monthly billing cycle, your membership will continue until the end of
that billing cycle.

Each membership is associated only with a single household, and cannot be
used to enable any benefits of the Membership Program on any Tonal device
outside of your household. Please note that multiple residences that you
maintain for your own personal use are considered a single household. A
membership may permit the member to create and manage additional user
accounts, solely for family members and personal guests of the member, that
are permitted to use the benefits of the Membership Program on any Tonal
device associated with a valid membership (“Additional Users”). Each
Additional User must accept the terms and conditions of this Agreement
prior to using the Service, and the member will be responsible for all acts
and omissions of each Additional User under the membership.

Tonal reserves the right, in its sole and absolute discretion, to exclude
any individual(s) from the Membership Program or to terminate any
membership, for any reason, including abuse of the Membership Program,
failure to comply with this Agreement, or fraud, misrepresentation or other
conduct detrimental to the interests of Tonal. Any such exclusion or
termination may affect eligibility for further participation in the
Membership Program.

Please note that if your membership expires or is cancelled or terminated,
you and any Additional Users may no longer have access to any data,
information or other content (including historical data, usage records,
custom workouts, etc.) associated with your membership, or to any advanced
weight modes. For clarity, the ability to perform any workouts using your
Tonal Device without a valid membership may be limited to adjusting the
weight dial for the weight being lifted.

11. Registration; User Names and Passwords. You may need to register to use all
or part of the Service. We may reject, or require that you change, any user
name (which may be your e-mail address), password or other information that
you provide to us in registering. Your user name and password are for your
personal use only and should be kept confidential; you, and not Tonal, are
responsible for choosing a secure password and for any use or misuse of
your user name or password, and you must promptly notify us of any
confidentiality breach or unauthorized use of your user name or password,
or your Service account.

You are solely responsible for all use of the Service by any Additional
Users and any other users who access the Service through you or your Tonal
device.

12. Profiles and Forums. Service visitors may make available certain materials
(each, a “Submission”) through or in connection with the Service, including
on profile pages or on the Service’s interactive services, such as message
boards, competition leaderboards and other forums, and chatting, commenting
and other messaging functionality. Tonal has no control over and is not
responsible for any use or misuse (including any distribution) by any third
party of Submissions. If you choose to make any of your personally
identifiable or other information publicly available through the Service,
you do so at your own risk.

13. License. For purposes of clarity, you retain ownership of your Submissions.
For each Submission, you hereby grant to us a worldwide, royalty-free,
fully paid-up, non-exclusive, perpetual, irrevocable, transferable and
fully sublicensable (through multiple tiers) license, without additional
consideration to you or any third party, to reproduce, distribute, perform
and display (publicly or otherwise), create derivative works of, adapt,
modify and otherwise use, analyze and exploit such Submission, in any
format or media now known or hereafter developed, and for any purpose
(including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or
other materials (“Feedback”), whether related to the Service or otherwise,
such Feedback will be deemed a Submission, and you hereby acknowledge and
agree that such Feedback is not confidential, and that your provision of
such Feedback is gratuitous and without restriction, and does not place
Tonal under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the
licenses granted in this section, and that your Submissions, and your
provision thereof through and in connection with the Service, are complete
and accurate, and are not fraudulent, tortious or otherwise in violation of
any applicable law or any right of any third party. You further irrevocably
waive any “moral rights” or other rights with respect to attribution of
authorship or integrity of materials regarding each Submission that you may
have under any applicable law under any legal theory.

14. Monitoring. We may (but have no obligation to) monitor, evaluate, alter or
remove Submissions before or after they appear on the Service, or analyze
your access to or use of the Service. Subject to our Privacy Policy, we may
disclose information regarding your access to and use of the Service, and
the circumstances surrounding such access and use, to anyone for any reason
or purpose.
15. Your Limited Rights. The Service is licensed (not sold) to end users.
Subject to your compliance with this Agreement, and solely for so long as
you are permitted by Tonal to use the Service, we hereby permit you, on a
limited, non-exclusive, revocable, non-transferable, non-sublicensable
basis, to (a) use the Service (excluding the App) on Tonal-branded
equipment, solely for your personal, non-commercial use; and (b) install
and use the App on a mobile device that you own or control, solely for your
personal, non-commercial use. If you fail to comply with any of the terms
or conditions of this Agreement, you must immediately cease using the
Service, and remove (that is, uninstall and delete) the App from your
mobile device.
16. Tonal’s Proprietary Rights. We and our suppliers own the Service, which is
protected by proprietary rights and laws. Our trade names, trademarks and
service marks include TONAL, BE YOUR STRONGEST and any associated logos.
All trade names, trademarks, service marks and logos on the Service not
owned by us are the property of their respective owners. You may not use
our trade names, trademarks, service marks or logos in connection with any
product or service that is not ours, or in any manner that is likely to
cause confusion. Nothing contained on the Service should be construed as
granting any right to use any trade names, trademarks, service marks or
logos without the express prior written consent of the owner.

17. Third Party Materials; Links. Certain Service functionality may make
available access to information, products, services and other materials
made available by third parties, including Submissions (“Third Party
Materials”), or allow for the routing or transmission of such Third Party
Materials, including via links. By using such functionality, you are
directing us to access, route and transmit to you the applicable Third
Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party
Materials, including the accuracy, validity, timeliness, completeness,
reliability, integrity, quality, legality, usefulness or safety of Third
Party Materials, or any intellectual property rights therein. Certain Third
Party Materials may, among other things, be inaccurate, misleading or
deceptive. Nothing in this Agreement shall be deemed to be a representation
or warranty by Tonal with respect to any Third Party Materials. We have no
obligation to monitor Third Party Materials, and we may block or disable
access to any Third Party Materials (in whole or part) through the Service
at any time. In addition, the availability of any Third Party Materials
through the Service does not imply our endorsement of, or our affiliation
with, any provider of such Third Party Materials, nor does such
availability create any legal relationship between you and any such
provider.

Your use of Third Party Materials is at your own risk and is subject to any
additional terms, conditions and policies applicable to such Third Party
Materials (such as terms of service or privacy policies of the providers of
such Third Party Materials).

18. Promotions. Any sweepstakes, contests, raffles, surveys, games or similar
promotions (collectively, “Promotions”) made available through the Service
may be governed by rules that are separate from this Agreement. If you
participate in any Promotions, please review the applicable rules as well
as our Privacy Policy. If the rules for a Promotion conflict with this
Agreement, the Promotion rules will govern.

19. Disclaimer of Warranties. To the fullest extent permitted under applicable
law: (a) the Service and any Products and Third Party Materials are made
available to you on an “As Is,” “Where Is” and “Where Available” basis,
without any warranties of any kind, whether express, implied or statutory;
and (b) Tonal disclaims all warranties with respect to the Service and any
Products and Third Party Materials, including the warranties of
merchantability, fitness for a particular purpose, non-infringement and
title unless expressly noted in the Tonal Limited Warranty, which is
available at https://www.tonal.com/warranty. All disclaimers of any kind
(including in this section and elsewhere in this Agreement) are made for
the benefit of both Tonal and its affiliates and their respective
shareholders, directors, officers, employees, affiliates, agents,
representatives, licensors, suppliers and service providers (collectively,
the “Affiliated Entities”), and their respective successors and assigns.

While we try to maintain the timeliness, integrity and security of the
Service, we do not guarantee that the Service is or will remain updated,
complete, correct or secure, or that access to the Service will be
uninterrupted. The Service may include inaccuracies, errors and materials
that violate or conflict with this Agreement. Additionally, third parties
may make unauthorized alterations to the Service. If you become aware of
any such alteration, contact us at support@tonal.com with a description of
such alteration and its location on the Service.

20. Limitation of Liability. To the fullest extent permitted under applicable
law: (a) Tonal will not be liable for any indirect, incidental,
consequential, special, exemplary or punitive damages of any kind, under
any contract, tort (including negligence), strict liability or other
theory, including damages for loss of profits, use or data, loss of other
intangibles, loss of security of Submissions (including unauthorized
interception by third parties of any Submissions), even if advised in
advance of the possibility of such damages or losses; (b) without limiting
the foregoing, Tonal will not be liable for damages of any kind resulting
from your use of or inability to use the Service or from any Products or
Third Party Materials, including from any Virus that may be transmitted in
connection therewith, or from Tonal’s termination of this Agreement; (c)
your sole and exclusive remedy for dissatisfaction with the Service or any
Products or Third Party Materials is to stop using the Service; and (d) the
maximum aggregate liability of Tonal for all damages, losses and causes of
action, whether in contract, tort (including negligence) or otherwise,
shall be the greater of (a) the total amount, if any, paid by you to Tonal
to use the Service within the twelve (12) months preceding the date of the
applicable claim; and (b) ten U.S. Dollars ($10). All limitations of
liability of any kind (including in this section and elsewhere in this
Agreement) are made for the benefit of both Tonal and the Affiliated
Entities, and their respective successors and assigns.
21. Indemnity. To the fullest extent permitted under applicable law, you agree
to defend, indemnify and hold harmless Tonal and the Affiliated Entities,
and their respective successors and assigns, from and against all claims,
liabilities, damages, judgments, awards, losses, costs, expenses and fees
(including attorneys’ fees) arising out of or relating to (a) any use of,
or activities in connection with, the Service (including all Submissions)
by you, your Additional Users, and/or any other person who uses the Service
through you or your Tonal device; and (b) any violation or alleged
violation of this Agreement by you.
22. Termination. This Agreement is effective until terminated. Tonal may
terminate or suspend your use of the Service at any time and without prior
notice, for any or no reason, including if Tonal believes that you have
violated or acted inconsistently with the letter or spirit of this
Agreement. Upon any such termination or suspension, your right to use the
Service will immediately cease, and Tonal may, without liability to you or
any third party, immediately deactivate or delete your user name, password
and account, and all associated materials, without any obligation to
provide any further access to such materials. Sections 2–7, 10–13 and 15–28
shall survive any expiration or termination of this Agreement.

23. Governing Law; Arbitration. The terms of this Agreement are governed by the
laws of the United States (including federal arbitration law) and the State
of California, U.S.A., without regard to its principles of conflicts of
law, and regardless of your location. Except for disputes that qualify for
small claims court, all disputes arising out of or related to this
Agreement or any aspect of the relationship between you and Tonal, whether
based in contract, tort, statute, fraud, misrepresentation or any other
legal theory, will be resolved through final and binding arbitration before
a neutral arbitrator instead of in a court by a judge or jury and you agree
that Tonal and you are each waiving the right to trial by a jury. Such
disputes include, without limitation, disputes arising out of or relating
to interpretation or application of this arbitration provision, including
the enforceability, revocability or validity of the arbitration provision
or any portion of the arbitration provision. All such matters shall be
decided by an arbitrator and not by a court or judge.

You agree that any arbitration under this Agreement will take place on an
individual basis; class arbitrations and class actions are not permitted
and you are agreeing to give up the ability to participate in a class
action.

You may opt out of this agreement to arbitrate by emailing
support@tonal.com with your first name, last name, and address within
thirty (30) days of accepting this agreement to arbitrate, with a statement
that you decline this arbitration agreement.

The arbitration will be administered by the American Arbitration
Association under its Consumer Arbitration Rules, as amended by this
Agreement. The Consumer Arbitration Rules are available online at
https://www.adr.org/consumer. The arbitrator will conduct hearings, if any,
by teleconference or videoconference, rather than by personal appearances,
unless the arbitrator determines upon request by you or by us that an
in-person hearing is appropriate. Any in-person appearances will be held at
a location which is reasonably convenient to both parties with due
consideration of their ability to travel and other pertinent circumstances.
If the parties are unable to agree on a location, such determination should
be made by the AAA or by the arbitrator. The arbitrator’s decision will
follow the terms of this Agreement and will be final and binding. The
arbitrator will have authority to award temporary, interim or permanent
injunctive relief or relief providing for specific performance of this
Agreement, but only to the extent necessary to provide relief warranted by
the individual claim before the arbitrator. The award rendered by the
arbitrator may be confirmed and enforced in any court having jurisdiction
thereof. Notwithstanding any of the foregoing, nothing in this Agreement
will preclude you from bringing issues to the attention of federal, state
or local agencies and, if the law allows, they can seek relief against us
for you.

24. Filtering. We hereby notify you that parental control protections (such as
computer hardware, software or filtering services) are commercially
available that may assist you in limiting access to material that is
harmful to minors. Information identifying current providers of such
protections is available from
https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.
Please note that Tonal does not endorse any of the products or services
listed on such site.
25. Information or Complaints. If you have a question or complaint regarding
the Service, please send an e-mail to support@tonal.com. You may also
contact us by writing to 325 Vermont Street, San Francisco, CA 94103, or by
calling us at 855-698-6625. Please note that e-mail communications will not
necessarily be secure; accordingly you should not include credit card
information or other sensitive information in your e-mail correspondence
with us. California residents may reach the Complaint Assistance Unit of
the Division of Consumer Services of the California Department of Consumer
Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by
telephone at (916) 445-1254 or (800) 952-5210.

26. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998
(the “DMCA”) provides recourse for copyright owners who believe that
material appearing on the Internet infringes their rights under U.S.
copyright law. If you believe in good faith that materials available on the
Service infringe your copyright, you (or your agent) may send to Tonal a
written notice by mail or e-mail, requesting that Tonal remove such
material or block access to it. If you believe in good faith that someone
has wrongly filed a notice of copyright infringement against you, the DMCA
permits you to send to Tonal a counter-notice. Notices and counter-notices
must meet the then-current statutory requirements imposed by the DMCA.
See https://www.copyright.gov/ for details. Notices and counter-notices
must be sent in writing to Tonal’s Copyright Agent as follows: By mail to
Tonal Copyright Agent, 325 Vermont Street, San Francisco, CA 94103; or by
e-mail to dmca@tonal.com. Tonal’s Copyright Agent’s phone number is (855)
698-6625.

We suggest that you consult your legal advisor before filing a DMCA notice
or counter-notice.

27. Export Controls. You are responsible for complying with United States
export controls and for any violation of such controls, including any
United States embargoes or other federal rules and regulations restricting
exports. You represent, warrant and covenant that you are not (a) located
in, or a resident or a national of, any country subject to a U.S.
government embargo or other restriction, or that has been designated by the
U.S. government as a “terrorist supporting” country; or (b) on any of the
U.S. government lists of restricted end users.
28. Miscellaneous. This Agreement does not, and shall not be construed to,
create any partnership, joint venture, employer-employee, agency or
franchisor-franchisee relationship between you and Tonal. If any provision
of this Agreement is found to be unlawful, void or for any reason
unenforceable, that provision will be deemed severable from this Agreement
and will not affect the validity and enforceability of any remaining
provision. You may not assign, transfer or sublicense any or all of your
rights or obligations under this Agreement without our express prior
written consent. We may assign, transfer or sublicense any or all of our
rights or obligations under this Agreement without restriction. No waiver
by either party of any breach or default under this Agreement will be
deemed to be a waiver of any preceding or subsequent breach or default. Any
heading, caption or section title contained herein is for convenience only,
and in no way defines or explains any section or provision. All terms
defined in the singular shall have the same meanings when used in the
plural, where appropriate and unless otherwise specified. Any use of the
term “including” or variations thereof in this Agreement shall be construed
as if followed by the phrase “without limitation.” This Agreement,
including any terms and conditions incorporated herein, is the entire
agreement between you and Tonal relating to the subject matter hereof, and
supersedes any and all prior or contemporaneous written or oral agreements
or understandings between you and Tonal relating to such subject matter.
Notices to you (including notices of changes to this Agreement) may be made
via posting to the Service or by e-mail (including in each case via links),
or by regular mail. Without limitation, a printed version of this Agreement
and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this Agreement to
the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
Tonal will not be responsible for any failure to fulfill any obligation due
to any cause beyond its control.
29. Apple-Specific Terms. In addition to your agreement with the foregoing
terms and conditions, and notwithstanding anything to the contrary herein,
the following provisions apply with respect to your use of any version of
the App compatible with the iOS operating system of Apple Inc. (“Apple”).
Apple is not a party to this Agreement and does not own and is not
responsible for the App. Apple is not providing any warranty for the App
except, if applicable, to refund the purchase price for it. Apple is not
responsible for maintenance or other support services for the App and shall
not be responsible for any other claims, losses, liabilities, damages,
costs or expenses with respect to the App, including any third-party
product liability claims, claims that the App fails to conform to any
applicable legal or regulatory requirement, claims arising under consumer
protection or similar legislation, and claims with respect to intellectual
property infringement. Any inquiries or complaints relating to the use of
the App, including those pertaining to intellectual property rights, must
be directed to Tonal in accordance with the “Information or Complaints”
section above. The license you have been granted herein is limited to a
non-transferable license to use the App on an Apple-branded product that
runs Apple’s iOS operating system and is owned or controlled by you, or as
otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms
of Service, except that the App may also be accessed and used by other
accounts associated with you via Apple’s Family Sharing or volume
purchasing programs. In addition, you must comply with the terms of any
third-party agreement applicable to you when using the App, such as your
wireless data service agreement. Apple and Apple’s subsidiaries are
third-party beneficiaries of this Agreement and, upon your acceptance of
the terms and conditions of this Agreement, will have the right (and will
be deemed to have accepted the right) to enforce this Agreement against you
as a third-party beneficiary thereof; notwithstanding the foregoing,
Tonal’s right to enter into, rescind or terminate any variation, waiver or
settlement under this Agreement is not subject to the consent of any third
party.
30. Feed.fm-Specific Terms. There is no affiliation, connection, association or
endorsement of the products, goods or services displayed on this page by
the copyright owners, featured recording artists and authors of the sound
recordings (and the musical works embodied therein) transmitted through the
Feed.fm player.

Service © 2018–2021 Tonal Systems, Inc., unless otherwise noted. All rights
reserved.

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