Welcome to Ergatta! Please read these Terms of Use carefully before you start to use Ergatta’s services, as they are a binding legal agreement between you and Ergatta. By using the Services (as defined below) or by clicking to accept the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at ergatta.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

Acceptance of the Terms of Use

You and we may be referred to individually as a “Party” or the collectively the “Parties”. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of ergatta.com, including any content, functionality and services offered on or through ergatta.com or Ergatta’s social media accounts, mobile messages, marketing emails and other communications to you, any account you create with Ergatta, and any Ergatta application, including without limitation the application on your Ergatta machine or mobile application on your personal device (an “Ergatta App”) (collectively, the “Services”).

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND ERGATTA MAY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS- WIDE ARBITRATION OR TRIAL BY JURY.

The Services are only for users who are 14 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet the requirements herein. If you do not meet all of these requirements, you must not access or use the Services. Ergatta’s Services are only for your personal use, and not for the use or benefit of any third party. If a third party has access to the Services provided to you, you are solely responsible for informing that party of all disclaimers, warnings, and other provisions in the Terms of Use. You may only use the Services for commercial purposes with Ergatta’s prior written consent.

Changes to the Terms of Use

We may modify these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Services and Account Security

To access the Services, or certain features you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You are solely responsible for all activity that occurs under your account, even if such activity is by unauthorized users. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after each use to prevent unauthorized access. If you become aware of an unauthorized access to your account, please change your password immediately and notify us at support@ergatta.com.

Communications Preferences

By accessing the Services, creating an account, or submitting your email or phone number to us, you consent to our contacting you for purposes of providing the Services, marketing, technical, support, or any other reason related to the Services, including by email, SMS, or telephone.

Intellectual Property Rights

The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services. You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services. The Ergatta Service may incorporate content owned and/or licensed by third parties, including but not limited to video integrations on the Ergatta App. Subject to your compliance with these Terms, Ergatta grants you a limited, non-transferable, non-exclusive, revocable license to view such content for your own personal, non-commercial purposes. You agree that you will not send, transfer or export this content to any other country, nor use the content in any way that is prohibited by applicable laws, restrictions or applicable regulations.

If you wish to make any use of material on the Services other than that set out in this section, please address your request to: support@ergatta.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Services:

– In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

– For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

– To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

– To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

– To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

 Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

– Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

– Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

– Use any device, software or routine that interferes with the proper working of the Services.

– Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

– Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.

– Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

– Otherwise attempt to interfere with the proper working of the Services.

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content published solely by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

User Content

For purposes of these Terms, “Content” shall mean text, graphics, images, music, software, audio, video, works of authorship of any kind, messages, tags, and information, data or other materials that are posted, generated, provided, or otherwise made available through the Services. “Your Content” shall mean any Content that you post, upload, publish, submit, or transmit to be made available through the Services, including content which is generated by us based on your input. Content includes, without limitation, Your Content. 

You agree that You, and not Ergatta, are solely responsible for Your Content, whether publicly posted or privately transmitted through Ergatta’s Services, and that other users of the Services, and not Ergatta, are responsible for their Content. You represent that Your Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. You acknowledge that all Content, including Your Content, made available or accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, Ergatta makes no representations, warranties, or guarantees with respect to any content that you access on or through the Services, and Ergatta takes no responsibility and assumes no liability for any Content or materials submitted or posted through the Services by you or any third party. When you Make Available Your Content on or through the Services, you represent that you own or have the right to use and make available Your Content. You acknowledge that other users may search for, see, hear, and use any of Your Content that you submit to any publicly available part of the Services or transmit through any other content sharing feature of the Services. We reserve the right to moderate (including without limitation remove) your Content without restriction for any purpose. You understand and agree that no such moderation will impose any liability on us for any reason.

As a condition of your use of the Services, you grant Ergatta a worldwide, non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to access, use, reproduce, transmit, display, publish, distribute, publicly perform, modify and adapt, and create derivative works from Your Content for any purpose whatsoever without compensation to you. You hereby waive any so-called “moral rights,” or rights of privacy or publicity in Your Content.

By submitting Your Content to any publicly available area of the Services or  making Your Content available using any content sharing feature of the Services, you hereby expressly permit Ergatta to identify you by your username as the contributor of Your Content in any publication in any form, media, or technology now known or later developed in connection with your Content.

Content Provided by Other Users

The Services may contain Content provided by other users (“User Content”). Ergatta does not control and is not responsible for User Content. Ergatta is not obligated to review or monitor, and does not make any representations or warranties with respect to, User Content. You use and access all User Content and interact with other users at your own risk.

Interactions with Other Users and Third Parties

You are solely responsible for your interactions with other Ergatta users and any other third party. When interacting with other Ergatta users or third parties, you should exercise caution and common sense to protect your personal safety and property, just as you would when interaction with other people you do not know. Your participation, correspondence, or personal or business dealings with any Ergatta or third party found on or through the Services are solely between you and such user(s) and/or third party(ies). You expressly agree that Ergatta is not responsible or liable for any loss, damage, injury, or other matters or any sort incurred as the

result of such dealings or interactions.

Content Standards

You agree not to post, upload, publish, submit, or transmit any Content or engage in any activity that:

  • Infringes, misappropriates, or violates a third party’s intellectual property, privacy, or publicity rights;
  • Is, or promotes actions that are, threatening, abusive, harassing, unlawful, or violent; 
  • Is offensive, profane, vulgar, obscene, or sexually explicit;
  • Is libelous, defamatory, fraudulent, deceptive, misleading, false, or tortious; 
  • Promotes racism, bigotry, or harm against any individual or group;
  • Harms or exploits minors; or
  • Violates or is prohibited by any law, or would give rise to civil or criminal liability.

Feedback

Any and all (i) suggestions, feedback, reviews, or testimonials provided by you to Ergatta about improving, modifying, updating, or adding new features or products to the Services provided to us via any means of communication (collectively, “Feedback”), and (ii) all changes, improvements, modifications, updates, or enhancements relating to the Services (collectively, “Changes”), are and will remain the sole and exclusive property of Ergatta. You hereby assign to Ergatta and any all right, title, and interest, including, without limitation, any patent, copyright, trademark, trade secret, know-how, moral rights, and any other intellectual property rights, that you may have in, and to any and all, Feedback and/or Changes. At Ergatta’s request, you will execute any document, registration, or filing required to give effect to the foregoing assignment. You expressly agree that any contribution of Feedback and/or Changes does not and will not grant you any right, title, or interest in the Services or in any such Feedback and/or Changes. Ergatta may use and disclose Feedback and/or Changes for any purpose whatsoever, without ant notice, compensation, or other obligation to you, and without retention by you of any right or claim.

Disclaimer for Physical Activities

You should consult your doctor before engaging in any exercise program including but not limited to the Services made available through the Ergatta App. We make no representations or warranties that the App is intended to and/or does diagnose, treat, cure, or prevent medical disorders or conditions, and you hereby acknowledge this disclaimer and that we are not engaged in providing you with a medical device, medical advice and/or healthcare services by providing you with access to the Services. We are not responsible in any way for any injuries or health problems, including, without limitation, incapacity or death, which may result from use of the Services or any device used in connection with the Services. 

Changes to the Services

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material, or include you in testing of or upgrades to that material.

Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

Ergatta processes orders for subscriptions to its application, Services, and devices supplied by third parties via orders placed on ergatta.com or the Ergatta App. Availability of certain products is not guaranteed. Product, service and other information provided through the Services is subject to corrections and changes without notice. All purchases through Ergatta websites or other services, or information formed through the Services, or as a result of visits made by you are governed by these Terms of Use. Additional terms and conditions may also apply to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Unless we notify you otherwise prior to your purchase, you must pay for products and Services when you place an order. The shipping address you provide will be used to ship all products to you. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s), provided that we will refund any fees that you prepaid for those products. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase to the email address you provided after your payment has been processed.

Subscriptions and Payment

You must purchase a subscription to the Ergatta App to enjoy the full benefits of the Services. You will be charged the stated subscription fee and any applicable taxes and service fees when activate your subscription through the Ergatta App.

Renewal and Cancellation

By purchasing a subscription to the Ergatta App, you agree that, upon expiration of the initial paid subscription term, your subscription will automatically renew for successive one month periods unless and until you cancel your subscription, and authorize Ergatta to charge the payment method you provided for the initial subscription term and any renewal terms until you cancel. You may cancel your subscription by reaching out to info@ergatta.com and following the instructions provided to you. If you cancel your subscription, we will stop billing you, and you will no longer have access to the Ergatta App, at the end of the subscription period in which you cancelled. 

PAYMENTS ARE NON-REFUNDABLE. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.

Links from the Ergatta website

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Certain Ergatta-branded merchandise may be provided by a third party supplier linked to our Website. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Services linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Services.

Geographic Restrictions

The owner of the Services is based in the State of New York in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Mobile Message Service

The Ergatta mobile message service (the “Message Service”) is operated by Ergatta to communicate via text message. Your use of the Service constitutes your agreement to these terms and conditions for the Message Service (the “Mobile Terms”). We may modify or cancel the Message Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides transactional messages, such as updates, alerts, and information (e.g., order updates, account alerts, etc.) and promotional messages, such as promotions, specials, workout reminders, and other marketing offers (e.g., cart reminders) from Ergatta via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to +1 (855) 201-7028 or click the unsubscribe link in any text message to cancel at any time. You’ll receive a one-time opt-out confirmation text message. If you have subscribed to other Ergatta mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (855) 201-7028 or email support@ergatta.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Message Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number that belongs to you. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages. 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Message Service.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY LINKS TO IT.

YOUR USE OF THE SERVICES, THEIR CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED IN CONNECTION WITH THE SERVICES (INCLUDING BUT NOT LIMITED TO ROWING EQUIPMENT AND SCREENS) IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES IN EXCESS OF THE GREATER OF $100 OR THE AMOUNT PAID TO US BY YOU IN THE 12 MONTHS PERIOD PRIOR TO THE ACCRUAL OF THE CLAIM, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES OR ANY SERVICES OR ITEMS ASSOCIATED WITH OR OBTAINED THROUGH THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, or use of the Services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Mandatory Arbitration & Jury Waiver

You and the Company agree to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. Company will pay any filing fees required for an arbitration it initiates. You agree that in the event the Company elects to resolve any dispute through arbitration, that you agree such dispute will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding of any kind. You and the Company agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms of Use. This arbitration provision shall survive termination of these Terms.

Class Action Waiver

YOU AND ERGATTA AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of

Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Force Majeure

Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the Internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

Entire Agreement

The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and Ergatta, Inc. with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Your Comments and Concerns

The Services are operated by Ergatta, Inc., 185 Wythe Ave., 2nd Floor, Brooklyn, New York 11249. All legal notices must be sent in writing to this address to the attention of the Legal Department.

All notices of copyright infringement claims should be sent to copyright@ergatta.com in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: support@ergatta.com.