Terms of Service

The DISTINCT website located at https://distinct.so/ (the “Website”), the DISTINCT mobile app (the “App”), and all related services, products, platforms, applications, and offerings (the “Offerings”) are maintained and operated by DISTINCT Technologies Inc. References herein and throughout the Website or Offerings to “Company”, “we”, “our” or “us” refer to DISTINCT Technologies Inc.

Your access to and use of the Offerings is subject to the following terms of service (the “Terms of Service”) and all applicable laws.  By accessing or using any part of the Offerings, you accept, without limitation or qualification, these Terms of Service.  If you do not agree with all of these Terms of Service, you may not use any portion of the Offerings.

NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS OF SERVICE CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US WILL BE RESOLVED. FOR EXAMPLE, SECTION 19 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.  

1. Use of Offerings: The Offerings are provided for your personal and non-commercial use. Any other use of the Offerings requires the prior written consent of Company. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Offerings. Further, you may not use any such automated means to manipulate the Offerings, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Offerings or any other user’s use of the Offerings, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Offerings, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Service. You may not frame portions of the Offerings within another website or application.  You may not resell use of, or access to, the Offerings to any third party without our prior written consent.

2. Registration and Passwords:  In order to access certain services on the Offerings, you will be required to set up an account (the “Account”) and set a username and password for your Account. Any usernames or passwords provided should be safeguarded at all times. You are solely responsible for keeping your usernames and/or passwords safe and secure, and for all activity using your usernames and/or passwords. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You agree that, to the extent permitted by law, Company will not be liable for any loss you may incur as a result of someone other than you using your account to access information, either with or without your knowledge.

3. Electronic Communications: By using the Offerings, you agree to receive communications from Company at the phone number provided to Company by you or by a third party on your behalf, as well as communications via emails. You agree that text messages may be generated by automatic telephone dialing systems. Communications from Company or our third party partners may include, but are not limited to: Alerts and other informational messages, operational communications concerning the Offerings, notifications that someone you know has requested to share content with you, and communications about marketing or promotions run by us or our third-party partners. Standard text messaging charges will apply to any text messages we send. Company is not responsible for the accuracy of any information displayed in our messages, for any mis-delivery or untimely delivery of messages, or for your deletion of or failure to store any messages from us. You may opt out of any text messages by replying to the message with “STOP,” by sending the text message “STOP” to the shortcode provided, or by sending an email to contactus@distinct.so, as applicable, with your request and mobile device number.

4. Corrections: We attempt to be as accurate as possible and eliminate errors on the Offerings, however, we do not warrant that any product or description, photograph, or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Offerings, delivering content or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Offerings at any time without notice.

5. Our Proprietary Rights. Company is the owner of or otherwise licensed to use all parts of the Offerings, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Offerings belong to third parties who have authorized Company to display the materials, such as creative assets and other proprietary materials.  By using the Offerings, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Offerings provided, however, that such license is subject to your compliance with these Terms of Service. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Offerings, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Offerings, in each case for the sole purpose of enabling you to use the Offerings as permitted by these Terms of Service, provided that your license in any content linked to or associated with any client or customer of the Company  is solely as set forth by the applicable client or customer of the Company.

All other third-party trademarks, registered trademarks, and product names mentioned on the Offerings or contained in the content linked to or associated with any client or customer of the Company are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder, and you agree to comply with all restrictions or limitations imposed on such materials by the owners thereof, including without limitation the terms and conditions provided by Company’s client or customer, as applicable.  Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Company.

Except as expressly set forth in these Terms of Service, no license is granted to you and no rights are conveyed by virtue of accessing or using the Offerings.  All rights not granted under these Terms of Service are reserved by Company.

6. User Content. Certain pages on the Offerings may allow you to post or submit text comments, photos, reviews, videos, audio files, metadata, or other content (“Content”).

Unless otherwise specified, you may only post Content to the Offerings if you are eighteen (18) years of age or older.  You may only post Content that you created or which the owner of the Content has given you permission to post.  You are solely responsible for anything you may post on the Offerings and the consequences of posting anything on the Offerings. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you create, submit, post, promote, or display on or through the Offerings. You represent and warrant that such Content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Company the license described above, and that the Content does not violate any laws. If Content depicts or includes the likeness of any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Company.

By using the Offerings in conjunction with creating, submitting, posting, promoting, or displaying Content, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display such Content, including but not limited to text, materials, images, audio content, audiovisual content, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Offerings for our current and future business purposes, including to provide, promote, and improve the Offerings. This includes any photos, videos, digital file, art, metadata, or other material linked to or associated with any client or customer of the Company that are displayed on the Offerings. Once you submit or post Content to the Offerings, Company does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses.  Company owns all right, title, and interest in any compilation, collective work, or other derivative work created by Company using or incorporating Content posted to the Offerings.

The Offerings may enable other users to view, purchase, acquire, or otherwise make use of the Content. You acknowledge and agree that Company is not responsible for any use by other users of the Content.

If you believe any materials on the Offerings infringe a copyright, you should provide us with written notice that at a minimum contains:

       (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

       (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

       (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

       (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

       (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

       (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All such notices should be sent to our designated agent as follows:

Matt Gould
matt@distinct.so

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

8. Activities Prohibited by Offerings: Company expects all of its users to be respectful of other people.  The following is a partial list of the types of conduct that are illegal or prohibited on the Offerings or while using the Offerings. Company reserves the right to investigate and take appropriate legal or other action against anyone who, in Company’s sole discretion, engages in any of the prohibited activities.  This may include: disabling your ability to access the Offerings and/or other actions in the Company’s sole discretion.

Without limitation, you agree that you will not post or transmit to the Offerings or to other users anything that contains content that:

• is defamatory, abusive, obscene, profane or offensive;
• infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Offerings);
• violates any party’s right of publicity or right of privacy;
• is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• promotes or encourages violence;
• is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
• is illegal or promotes any illegal activities;
• promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
• contains “masked” profanity (i.e., F*@&#);
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

In addition, while using the Offerings, you agree that you will not engage in any of the following conduct:

• Pose as another person or entity;
• Distribute spam;
• Use the Offerings – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Offerings in any manner;
• Bypass or ignore instructions that control access to the Offerings, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to the Offerings;
• Use our Offerings for commercial purposes inconsistent with these Terms of Service or any other instructions;
• Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Offerings, extract data, or otherwise interfere with or modify the rendering of Offerings pages or functionality;
• Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Offerings, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Offerings;
• Sell or resell the Offerings;
• Engage in behaviors that have the intention or the effect of artificially causing an item or collection to appear at the top of search results, or artificially increasing view counts, favorites, or other metrics that we might use to sort search results;
• Use the Offerings or data collected from the Offerings for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
• Use the Offerings, directly or indirectly, for, on behalf of, or for the benefit of, (a) any natural or legal person that is the subject of Sanctions (defined below); (b) any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction (defined below); or (c) any legal person owned or controlled, directly or indirectly, by any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction.
• Use the Offerings to engage in fraud, or other deceptive, misleading, or manipulative activity;
• Infringe or violate the intellectual property rights or any other rights of others; or
• Use the Offerings in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Offerings.

Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion.  Company will make all determinations as to what Content is appropriate in its sole discretion.  Company may edit or remove any Content at any time without notice.

9. No Ideas Accepted; Feedback: Company does not accept any unsolicited ideas from outside the Company including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Offerings, you understand and acknowledge that such idea is not submitted in confidence and Company assumes no obligation, expressed or implied, by considering it. You further understand that Company shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Company.  Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

10. Links; Third Party Transactions:  The Offerings may contain links to other websites or applications not maintained by Company. Other websites or apps may also reference or link to our Offerings. We encourage you to be aware when you leave our Offerings and to read the terms and conditions and privacy statements of each and every website or app that you visit.  We are not responsible for the practices or the content of such other websites or apps.

You further acknowledge and agree that your ability to download any Content created through the Offerings is determined by Company’s client or customer in its sole discretion, and any such Content may be subject to additional restrictions that will be communicated to you at the time such Content is created.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE OFFERINGS FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.

11. Other Sources of Terms of Service: Certain provisions of these Terms of Service may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Offerings, including on any checkout page.  In order to participate in or use certain services, promotions that may be run from time to time with respect to the Offerings (“Offer(s)”), or if you are an enterprise customer, you may be required to agree to additional or different terms and conditions (“Additional Terms”). Certain benefits may be modified or not available in connection with an Offer. Your acceptance or redemption of any Offer constitutes your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms of Service and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in these Terms of Service will continue to apply. For the sake of clarity, silence with respect to a particular term in either these Terms of Service or any Additional Terms does not constitute a conflict.

12. No Warranties; Limitation of Liability: WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE OFFERINGS, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT IN OR AS PART OF THE OFFERINGS. YOUR USE OF THE OFFERINGS IS AT YOUR OWN RISK. THE OFFERINGS, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE OFFERINGS, IS PROVIDED “AS IS” AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE OFFERINGS. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE OFFERINGS OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE OFFERINGS OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE OFFERINGS, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. UNDER NO CIRCUMSTANCES WILL COMPANY AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE.

IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE OFFERINGS, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing the Offerings.

13. Waiver By California Residents:  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.”

14. Changes: All information posted on the Offerings is subject to change without notice.  In addition, these Terms of Service may be changed at any time without prior notice. We will make such changes by posting them on the Offerings. You should check the Offerings for such changes frequently.  Your continued access of the Offerings after such changes conclusively demonstrates your acceptance of those changes. We reserve the right to withdraw or amend the Offerings, and any service or material we provide via the Offerings, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Offerings is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Offerings or all Offerings.

15. Indemnification: You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms of Service or applicable law. 

16. Severability: If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

17. Compliance with Laws: You represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Offerings. Without limiting the foregoing, by using the Offerings, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo (“Embargoed Jurisdiction”); (b) you are not subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”); (c) you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; (d) none of your officers, managers, directors, shareholders or authorized representatives is subject to Sanctions, or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction. You further covenant that the foregoing shall be true during the entire period of this agreement. We may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms of Service. In such cases, we, in our sole discretion, may disable your Account and block your ability to access the Offerings until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Offerings.

18. Waiver; Remedies; Entire Agreement: The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms of Service by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms of Service.  The rights and remedies of Company under these Terms of Service and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy. The Terms of Service, the Additional Terms, and our Privacy Policy constitute the sole and entire agreement between you and DISTINCT Technologies, Inc. regarding the Offerings and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Offerings.

19. Governing Law; Dispute Resolution; Class Action Waiver: The laws of the State of New York shall govern these Terms of Service. While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies against Company arising out of these Terms of Service, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association

Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Service, in which case these Terms of Service will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.  

20. International Access: Our Offerings are provided from the United States of America and all servers that make it available reside in the U.S.A.  The laws of other countries may differ regarding the access and use of the Offerings.  We make no representations regarding the legality of this Offerings in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

• Additional Terms for Users of Apple Devices: If you have downloaded the App via the iTunes Store, the following shall apply: You acknowledge and agree that these Terms of Service are solely between you and us, not Apple, and that Apple has no responsibility for the App. Your use of the App must comply with Apple’s App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/us/terms.html. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Service and any law applicable to us as provider of the App. You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as relates to your license of the App, and that, upon your acceptance of the these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as relates to your license of the App against you as a third party beneficiary thereof. 

22. Accessibility: If you are having any trouble accessing these Terms of Service or the Offerings, please contact us at contactus@distinct.so.

23. Privacy. All information we collect via the Offerings is subject to our Privacy Policy, located at https://distinct.so/privacy. By using the Offerings, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Additionally, you acknowledge and agree that transmissions made over the internet are never completely private or secure and that messages or information you send to the Offerings may be intercepted or read by others.

24. Questions:  Should you have any questions regarding these Terms of Service you may contact us at contactus@distinct.so.