Luffu End User License Agreement

Last Updated: March 30, 2026

Please read this Mobile Application End User License Agreement and Terms of Use (this "Agreement") and our Privacy Notice ("Privacy Notice") carefully because they govern your use of http://www.luffu.com and the tracking mobile application providing health and wellbeing data analysis known as "Luffu" (the "App") offered by Luffu, Inc. ("Luffu") (collectively the "Services"). By accessing and/or using our Services, you agree to be bound by this Agreement and understand that our use of your personal information will be governed by our Privacy Notice. If you don't agree to be bound by this Agreement, do not access or use the Services.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: THIS AGREEMENT CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER. BY ENTERING INTO THIS AGREEMENT, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND LUFFU THROUGH BINDING, INDIVIDUAL ARBITRATION, AND HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW CAREFULLY SECTION 18 "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION.

The Services are designed to (i) analyze certain health and wellbeing data about you ("Health and Wellbeing Data") that is provided by you and others whom you have granted access within the App to provide such data on your behalf (e.g., your family members, friends, and others) ("Authorized Data Providers"), and (ii) process that Health and Wellbeing Data and provide certain notifications and alerts within the App regarding such Health and Wellbeing Data and results derived therefrom.

To use the Services and access certain features, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities under your account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate accounts that contain false, outdated, or incomplete information, or for any other reason at our sole discretion.

1. CHANGES TO THIS AGREEMENT
2. WHO MAY USE THE SERVICES?
3. FEEDBACK
4. ACKNOWLEDGEMENTS
5. BETA/TRIAL SERVICES
6. PAYMENTS, SUBSCRIPTIONS, AND DELIVERY
7. YOUR CONTENT
8. LUFFU'S INTELLECTUAL PROPERTY
9. RIGHTS AND TERMS FOR APPS
10. GENERAL PROHIBITIONS AND LUFFU'S ENFORCEMENT RIGHTS
11. LINKS TO THIRD PARTY WEBSITES OR RESOURCES
12. REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS
13. TERMINATION
14. DISCLAIMER OF WARRANTIES
15. INDEMNITY
16. LIMITATION OF LIABILITY
17. GOVERNING LAW AND FORUM CHOICE
18. DISPUTE RESOLUTION
19. GENERAL TERMS

1. Changes to This Agreement

We may update this Agreement from time to time at our sole discretion. If we do, we'll let you know by posting the updated Agreement on Luffu's website located at http://www.luffu.com, to the App, and/or may also send other communications. Unless we say otherwise in our notice, the amended Agreement will be effective immediately, and your continued use of the Services after we provide such notice will confirm your acceptance of the changes. For changes that materially reduce your rights or materially increase your obligations, we will provide at least thirty (30) days' advance notice by email or in-App notice. Material changes will become effective on the stated date. Changes addressing new features, legal requirements, or security may take effect immediately. If you don't agree to be bound by the updates, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

2. Who May Use the Services?

You may use the Services only if you are (i) located within the United States; (ii) 18 years or older; (iii) capable of forming a binding contract with Luffu; (iv) in compliance with this Agreement, the Privacy Notice, and any other rules and requirements communicated to you by Luffu; and (v) not otherwise barred from using the Services under applicable law.

3. Feedback

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services ("Feedback"). If you choose to submit Feedback, you agree that we are free to use it, or not use it, without any restriction or compensation to you.

4. Acknowledgements

You acknowledge and agree to the following:

(a) No Medical Care or Healthcare Advice or Services

The App analyzes User Content and provides notifications, alerts, and outputs for informational purposes only. The App is not intended to be a substitute for the advice and professional judgment of a physician or other professional medical personnel. You acknowledge and agree that physicians and other medical personnel should never delay treatment or make a treatment decision based solely upon information provided through the Services. You further acknowledge and agree that the Services are not intended to diagnose disease, prescribe treatment, or perform any other tasks that constitute or may constitute the practice of medicine or of other professional or academic disciplines. You acknowledge and agree that you are solely responsible for verifying the accuracy of the output of the Services. You should never disregard medical advice or delay in seeking medical advice because of any information presented on the Services, and you should not use the Services or any information provided in the Services for diagnosing or treating a health problem. The transmission and receipt of services, in whole or in part, or communication via the internet, email, or other means does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and Luffu.

Additionally, the Services are for non-emergency purposes only. If at any time you are concerned about your or someone else's health or someone is having a medical emergency, call 911 or go to the nearest hospital.

(b) No Legal, Financial, Tax, Or Investment Advice

The Services do not provide any legal, financial, tax, investment, or other professional advice, guidance, or information, nor does the Services engage in the practice of law or financial planning. Any information provided by the Services is not intended to be, and should not be construed as legal, financial, tax, or other professional advice, guidance, or information. Users should consult with qualified legal, financial, or tax professionals for advice tailored to their specific circumstances.

(c) Service Availability

You acknowledge and agree that at times the Services may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Luffu may undertake from time to time without notice to you; or (iii) causes which are beyond the control of Luffu or which are not reasonably foreseeable. Luffu shall make commercially reasonable efforts to provide adequate support services for the Services. Notwithstanding the foregoing, this Agreement does not entitle you to any guaranteed level, availability, or turnaround time of support services for the Services. Luffu shall have no responsibility for any data loss or other damage or loss suffered in connection with your use of the Services, including any failure to provide adequate security or backup devices or services.

(d) Access

Luffu may temporarily suspend or terminate access to the Services provided to you and any other third party for security purposes, to prevent illegal or fraudulent activity, to comply with the requests of any legal agency or government entity, or if you violate this Agreement or the Privacy Notice.

(e) Changes to Services

Luffu may change or discontinue, temporarily or permanently, any feature, component, or content of the Services at any time without notice. Luffu is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Services. We reserve the right to determine the timing and content of updates, which may be automatically downloaded and installed without prior notice to you.

5. Beta/Trial Services

We may offer Services, or certain portions of the Services, to a subset of customers prior to release to all customers that will be designated or communicated as "preview," "beta," "pre-release" or "non-general release" ("Beta Services"). Beta Services are provided on a trial basis, and may be free of charge. You acknowledge and agree that (i) the Beta Services may not operate properly, be in final form, or be fully functional; (ii) the Beta Services may contain errors, design flaws or other problems; (iii) it may not be possible to make the Beta Services fully functional; (iv) the information, notifications, and alerts obtained using, and decisions and actions made by, the Beta Services may not be accurate; (v) use of the Beta Services may result in unexpected results, loss of data or communications, inaccurate receipt of information, or other unpredictable damage or loss; (vi) we are under no obligation to release a live, commercial or public version of the Beta Services; (vii) we have the right to unilaterally abandon development of the Beta Services at any time and without any obligation, liability, or notice to you; (viii) the Beta Services may involve enhanced monitoring, logging, and diagnostics; (ix) your data and content might be viewed by us in order to provide support, diagnose issues, improve performance, and take other action at our sole discretion; (x) we may decide to modify, delete, remove or wipe the functionality, content or data contained within the Beta Services in our sole discretion at any time without notice or liability to you; and (xi) projected shipping dates are Luffu's best estimate and are subject to change. You further agree that the Beta Services are provided on an "AS IS" basis without warranty of any kind, and notwithstanding anything to the contrary in this Agreement, (a) we make no commitments with respect to any Beta Services, including any commitment to maintain the availability of such Beta Services, or otherwise with respect to support, service levels, security, representations or warranties, compliance, or privacy, and (b) we hereby disclaim all representations, warranties, liability, and responsibility for, and shall not be liable for any damages, losses, claims, or causes of action related to or in connection with any Beta Services.

6. Payments, Subscriptions, and Delivery

The Services or certain features may be available to use at no cost (thereby deemed Beta Services). Otherwise, the Services or certain features (i) offer certain one-time purchases (including without limitation for increased usage or for certain digital items) (each, a "One-Time Purchase"), and/or (ii) require payment of fees for use, corresponding to the "tier" or "subscription" which you elect to receive (each, a "Tier"). You agree to pay all applicable fees for One-Time Purchases. If you elect for a Tier which requires payment of fees, you agree to pay such fees, whereby you will have the option of purchasing a subscription ("Subscription") for such Tier.

General

By making a One-Time Purchase or purchasing a Subscription (a "Transaction"), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

Subscriptions

Subscriptions are offered on monthly and annual term bases. If you purchase a monthly Subscription, you will be charged the monthly Subscription fee, and if you purchase an annual Subscription, you will be charged the annual Subscription fee, in each case plus any applicable taxes and other charges (each, a "Subscription Fee"), at the beginning of your Subscription and each month or year, as applicable, thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE LUFFU TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month or year, as applicable, beginning on the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. For monthly Subscriptions, prior to the renewal of each Subscription term each month, in accordance with applicable law, Luffu will send you a reminder with the then-current Subscription Fee. For annual Subscriptions, Luffu will send you a reminder with the then-current Subscription Fee in accordance with applicable law. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Luffu. Your Subscription continues until cancelled by you or we terminate your access to or use of the App or Subscription in accordance with these Terms.

Cancelling Subscriptions

Subject to applicable law, YOUR PURCHASE OF A SUBSCRIPTION IS FINAL AND ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE. You may cancel your Subscription at any time, but such cancellation will be effective at the end of the then-current Subscription period, and your Subscription will not renew thereafter. SUBJECT TO APPLICABLE LAW, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. However, if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we will refund any payment you have already remitted to us for such Transaction. You may cancel your subscription through either (i) the Apple App Store, if you have paid for the subscription via the Apple App Store, or (ii) the App itself or through our website if you have purchased the subscription other than through the Apple App Store. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.

If your access or use of the Services is changed, suspended, or terminated pursuant to Section 13 of this Agreement, you will not receive a refund for any portion of the subscription fee already used; you will only receive a prorated refund equal to any unused portion of your subscription period at the time of change, suspension, or termination.

Changes in Use or Volume Limits

Notwithstanding any Tier or Subscription you purchase, you may experience changes in usage limits (e.g., use reductions or throttling) from time to time, and Luffu reserves the right to modify, adjust, or impose new limits or restrictions on the volume or usage levels of the Services, in its discretion, with or without notice, including without limitation due to changes in operational costs, changes in Luffu's company or product strategy, periods of heavy traffic, system maintenance, security requirements, and legal or regulatory compliance. You acknowledge and agree that, subject to applicable law, Luffu will have no liability to you or to any third party for any such modifications, adjustments, or imposition of new limits or restrictions.

7. Your Content

Posting Content

The Services may allow you on your behalf and/or on behalf of others who have granted you permission to do so to store or share content (including without limitation by linking or connecting the Services to third-party services) such as text, files, documents, graphics, images, software, audio and video, and Health and Wellbeing Data. Anything (other than Feedback) that you provide or otherwise make available through the Services is referred to as "User Content," and the subset of such User Content which you provide or make available through the Services for or on behalf of other users is referred to as "Content For Peers". Luffu does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to your User Content.

Permissions to User Content

You hereby grant to Luffu and its affiliates a perpetual, irrevocable, non-exclusive, transferable, worldwide, royalty-free, fully paid license, with the right to sublicense, to (i) use, copy, modify, create derivative works based upon, distribute, publicly display, and otherwise exploit (a) User Content in connection with operating, providing, supporting (including bug fix, error correction, engineering, and customer support), and improving the Services, and (b) Content For Peers in connection with operating and providing the Services for other users; (ii) to share (and to perform all acts as may be necessary or useful to share) (a) Content For Peers with other users of the Services for whom such Content For Peers applies; and (b) User Content to Luffu's third-party service providers (e.g., third-party artificial intelligence and large language model service providers) in order to operate and provide the Services; (iii) develop or derive data or insights in de-identified and/or aggregated form from User Content and/or your use of the Services (collectively, "Aggregate Data"); (iv) develop, innovate, and improve Luffu's technologies and offerings, including to train, re-train, fine-tune, validate, update, improve, and otherwise innovate Luffu's artificial intelligence and machine learning models and algorithms; and (v) otherwise process User Content that is personal information in accordance with the Privacy Notice. As between the parties, Luffu solely owns all right, title and interest in and to any Aggregate Data and any data, information and material created by Luffu with such Aggregate Data. Aggregate Data may be used for any lawful purpose, provided that such Aggregate Data does not directly or indirectly identify you or any individual. In addition, you acknowledge and agree that Luffu may monitor, collect, use, and store anonymous and aggregate statistics regarding your use of the Services.

Your Responsibility for User Content

You are solely responsible for all your User Content and your use of any Notifications, Alerts, and Output, including without limitation using reasonable measures to protect and secure all User Content transmitted to the Services. You are solely responsible for evaluating the accuracy and appropriateness of any Notifications, Alerts, and Output for your use case. You represent and warrant that you have (and will have) all rights, licenses, and permissions necessary to grant us the license rights in your User Content under this Agreement and for Luffu to operate and provide the Services. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Luffu on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You will ensure that your User Content complies with all applicable laws and regulations and with this Agreement.

Removal of User Content

You can remove your User Content by specifically deleting it. However, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services, persist in backups, and may be retained to the extent required by applicable law, to resolve disputes, or in accordance with our retention policies. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content, or for any retention of User Content pursuant to the foregoing.

8. Luffu's Intellectual Property

We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to any of Luffu's intellectual property.

9. Rights and Terms for Apps

App License

Subject to your compliance with this Agreement, Luffu grants you a limited, non-exclusive, non-transferable, revocable license, with no right to assign or sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal, non-commercial purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); (iv) make the functionality of the App available to multiple users through any means; or (v) otherwise take any measures to damage or interfere with the App.

Additional Information: Apple App Store

This Section 9 applies to any App that you acquire from the Apple App Store or use on an iOS device.

Acknowledgment. You acknowledge that this Agreement is concluded solely between you and Luffu, and not with Apple, and that Luffu, not Apple, is solely responsible for the App and the content thereof. In the event of any conflict between this Agreement and the Apple Media Services Terms and Conditions as of the date you downloaded the App, the Apple Media Services Terms and Conditions shall govern. You acknowledge and agree that you have had the opportunity to review the Apple Media Services Terms and Conditions.

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 and used by other accounts associated with the purchaser via Apple's Family Sharing or volume purchasing.

Maintenance and Support. Luffu is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Warranty. Luffu 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 App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such warranty shall be Luffu's sole responsibility.

Product Claims. You and Luffu acknowledge that Luffu, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (A) product liability claims; (B) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection, privacy, or similar legislation. This Agreement may not limit Luffu's liability to you beyond what is permitted by applicable law.

Intellectual Property Rights. In the event of any third-party claim that the App or your use of the App infringes that third party's intellectual property rights, Luffu, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance. You represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (B) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address. Any questions, complaints or claims with respect to the App should be directed to legal@luffu.com.

Third-Party Terms of Agreement. You must comply with any 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 this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

10. General Prohibitions and Luffu's Enforcement Rights

You agree not to do any of the following:

Post, upload, publish, submit or transmit any User Content or engage in any activity on the Services that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property or proprietary rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is abusive, violent, or threatening, or promotes abuse, violence, or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Generate any Notifications, Alerts, and Output for the purpose of committing fraud, violence, abuse, threats, deceit, defamation, obscenities, pornography, vulgarity, offense, discrimination, bigotry, racism, hatred, harassment, or harm, or in violation of applicable laws, regulations, or this Agreement;
Use, display, mirror or frame the Services or any individual element within the Services, Luffu's name, any Luffu trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Luffu's express written consent;
Access, tamper with, or use non-public areas of the Services, Luffu's computer systems, or the technical delivery systems of Luffu's providers;
Attempt to probe, scan or test the vulnerability of any Luffu system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Luffu or any of Luffu's providers or any other third party (including another user) to protect the Services;
Attempt to access, scrape or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Luffu or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Luffu trademark, logo, URL or product name without Luffu's express written consent;
Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Agreement, including to create a competing product or service (even if you only use that product or service internally);
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Use the Services, or any content, data, output, or other materials obtained from the Services, to train, fine-tune, or create a data set for training or fine-tuning any artificial intelligence or machine learning tool or service;
Bypass or ignore instructions contained in any robots.txt file associated with the Services;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.

Luffu is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services and to ensure compliance with this Agreement, applicable law and other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Enforcement of this Section 10 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 10 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

11. Links to Third Party Websites or Resources

The Services may allow you to access third-party websites, technologies, or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

12. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Luffu has adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may notify Luffu's designated agent as follows:

Designated Agent: [Name]
Address: [Address]
Telephone Number: [Phone]
E-Mail Address: legal@luffu.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to Luffu for certain costs and damages.

13. Termination

We may change, suspend or terminate your access to and use of the Services, or any feature, component, or content of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time via the functionality within the App. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: Sections 4, 6 (for fees which accrued prior to termination/discontinuation/cancellation), 7(b), 7(c), 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19.

14. Disclaimer of Warranties

AS FAR AS PERMITTED BY APPLICABLE LAW, AND UNLESS OTHERWISE EXPRESSLY NOTED BY LUFFU IN WRITING, THE SERVICES PROVIDED BY LUFFU ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Your use of the Services is at your own discretion and risk. We make no representation or warranty: (i) that the Services will meet your requirements; (ii) that the Services will be uninterrupted, secure, or error-free; (iii) regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services; (iv) that Luffu will continue to support any particular feature of the Services; or (v) concerning sites and resources outside of the Services, even if linked to in the Services.

Artificial Intelligence (AI) and Machine Learning (ML) Tools

The Services involve the use of AI and ML tools. The accuracy, quality, and compliance with applicable law of Notifications, Alerts, and Output is, in part, dependent upon and commensurate with that of the User Content inputted into the Services and your compliance with these terms. You will evaluate the content, nature, tone, and accuracy of any Notifications, Alerts, and Output as appropriate for the applicable use case, including by using human review of the Notifications, Alerts, and Output. You will not rely on the Services, or any Notifications, Alerts, and Output, for any reason. For purposes of these terms, "Notifications, Alerts, and Output" means any notifications, alerts, communications, pop-ups, messages, data, content, information, responses, suggestions, or other output created, transmitted, provided, or generated by the App in connection with your use thereof.

LUFFU MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY WARRANTY CONCERNING ANY AI OR ML TOOLS PROVIDED WITHIN THE SERVICES. You expressly acknowledge and agree that, because the AI and ML tools in the Services have autonomous capabilities, the Services may produce or transmit Notifications, Alerts, and Output that is inaccurate, incorrect, in error, offensive, or otherwise undesirable.

15. Indemnity

You will indemnify and hold Luffu and its officers, directors, employees, investors and agents, harmless from and against any direct or indirect claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of this Agreement.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LUFFU NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LUFFU OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL LUFFU'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED (I) THE AMOUNTS ACTUALLY PAID BY YOU OR ARE PAYABLE BY YOU TO LUFFU FOR USE OF THE SERVICES, OR (II) IF THERE ARE NO FEES PAID OR PAYABLE BY YOU HEREUNDER (E.G., YOU ARE ONLY USING BETA SERVICES THAT ARE FREE OF CHARGE), THEN FIFTY DOLLARS ($50).

If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of Luffu's limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Luffu and you.

17. Governing Law and Forum Choice

This Agreement and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 "Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) that you and Luffu are not required to arbitrate will be the state and federal courts located in San Francisco County, California, and you and Luffu each waive any objection to jurisdiction and venue in such courts.

18. Dispute Resolution

(a) Mandatory Arbitration of Disputes

We each agree that any dispute, claim or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Luffu agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that YOU AND LUFFU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of this Agreement.

(b) Opt-Out

You can opt out of this arbitration agreement entirely and litigate any Dispute individually if you send a signed, written notice of your decision to do so to legal@luffu.com within 30 days of first agreeing to this Agreement and stating that you (include your first and last name) decline this arbitration agreement. If you are opting out of an updated version of this arbitration provision, you understand that you will remain subject to the prior version of any arbitration provision to which you had previously agreed.

(c) Exceptions

As limited exceptions to Section 18(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

(d) Conducting Arbitration and Arbitration Rules

The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The Demand for Arbitration must include the account username and email address associated with your account on the App. The AAA provides a form Demand for Arbitration at www.adr.org.

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

(e) Arbitration Costs

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won't seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.

(f) Injunctive and Declaratory Relief

Except as provided in Section 18(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(g) Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND LUFFU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED 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. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

If this Class Action Waiver is found to be unenforceable or unlawful such that any Disputes may proceed on a class, collective, consolidated, or representative basis, such Disputes must be litigated in a civil court of competent jurisdiction under the terms of Section 17 and not brought in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration.

19. General Terms

Reservation of Rights

Luffu and its licensors exclusively own all right, title and interest in and to the Services; all Notifications, Alerts, and Output (except for your personal information, if any, therein, which is handled and processed pursuant to our Privacy Notice); and Aggregate Data; including all associated intellectual property rights in and to each of the foregoing. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

Entire Agreement

This Agreement and the Privacy Notice constitute the entire and exclusive understanding and agreement between Luffu and you regarding the Services, and this Agreement and the Privacy Notice supersede and replace all prior oral or written understandings or agreements between Luffu and you regarding the Services. Except where stated otherwise in this Agreement or the Privacy Notice, if any provision of this Agreement or the Privacy Notice is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement and the Privacy Notice will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer this Agreement, by operation of law or otherwise, without Luffu's prior written consent. Any attempt by you to assign or transfer this Agreement absent our consent or your statutory right, without such consent, will be null. Luffu may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications provided by Luffu under this Agreement will be given: (i) via email; or (ii) by posting to the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights

Luffu's failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Luffu. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

Contact Information

If you have any questions about this Agreement or the Services, please contact Luffu at legal@luffu.com.