IF THIS IS A MEDICAL EMERGENCY OR CRISIS SITUATION, DIAL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY FOR ASSISTANCE.

NO EMERGENCY MEDICAL SERVICES ARE OFFERED THROUGH THE ASH APPLICATION.

‍This End User License Application (“EULA”) applies to your use of the Application and all related Services made available by Slingshot AI, Inc, a Delaware corporation (“Slingshot”, “we“, “us”, or “our”).

This EULA contains important information that governs your use of the Application and the Services. Please read this EULA carefully. By clicking “Accept”, “I agree”, or a similar button presented on the Application or any related website you will indicate your acceptance of this EULA. You may also accept this EULA: (1) through any printed, oral, or electronic statement, including on the web, by indicating that you have reviewed and accepted this EULA; (2) by using the Application or the Services; or (3) by creating an account on the Application (if applicable to you).

If you do not agree with this EULA, please do not proceed with, or promptly discontinue, your use of the Application and the Services.

‍IMPORTANT: THIS EULA CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 12 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL NON-REPRESENTATIVE BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND SLINGSHOT ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS:  While there are important points throughout this EULA, please note that warranty disclaimers and limitations on Slingshot’s liability explained in Sections 9 and 10.

1. General Provisions

Definitions. The following definitions apply to this EULA:

“Application” means collectively (i) the smartphone and/or tablet based “Ash” application made available by Slingshot for provision of Services, and (ii) any other additional or successor mobile or web-based application that is made available by Slingshot for provision of Services;

“Content” means descriptions of Services, information, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials) that are made available to you through, or in connection with, the Services, including on the Application, as well as any Feedback, comments, messages, or submissions provided by Users;

“Feedback” means any ideas, concepts, feedback, reviews, suggestions, questions, and know-how that a User makes available in connection with the Application or Services;

“Services” mean all services rendered by Slingshot through the Application, including, our use of conversational techniques powered by an artificial intelligence powered technology to guide you through self-help methods to achieve personal goals such as relaxation, building self-esteem, and emotional balance. The Services may include conversations with you about your situation, feelings, and stresses;

“Subscription Term” means the period for which you have agreed to subscribe to the Service. Any options related to the length of the Subscription Term will be offered to you and agreed by you prior to the commencement of such Subscription Term; and

“User” or “you” means an individual user (such as you) who is using the Application and/or the Services.

‍Updates to this EULA. Slingshot may update this EULA at any time without any prior notice to you. Slingshot may notify you of the updated EULA by any reasonable means, including by posting the revised EULA to the Application. The updated EULA will apply to your use of the Services and the Application, after the date on which Slingshot has posted the updated EULA or otherwise notified you of those changes. By continuing to use or access the Application or the Services after Slingshot posts or otherwise notifies you of any change, you accept the revised EULA. The “Last Updated” legend at the end of this EULA indicates the date on which this EULA was last updated.

2. User Consents

Electronic Communication. You understand and acknowledge that in order to facilitate the provision and functioning of the Application and the Services, we may need to get in touch with you from time to time. We may contact you using in-app notifications, SMS text messages, email, or other similar means. You may incur data, or SMS charges from your service providers in connection with communications through the Application. You acknowledge and understand that certain permissions may be required on your mobile device, including permission to access certain functions and information on your mobile device, including the network status information for the proper functioning of the Application on your mobile device. Granting the Application these permissions may result in consumption of additional battery power or data usage or charges. You hereby agree to grant the Application the foregoing permissions on your mobile device to enable the Application to function effectively. Additionally, you acknowledge and understand that your use of the Application on a mobile device that has been modified in a manner unauthorized by the manufacturer (“jail-broken”) may result in malfunction or impairment of the Services and is a material breach of this EULA.

‍Privacy. You understand that in order to provide the Services and the Application, and to determine your identity as required under applicable law, Slingshot may need to collect, store, and use certain information related to you, including your email ID and any other information provided by you in the course of your use of the Services, or the Application (collectively, “Your Information”). Your Information includes information that is entered by you while using the Application or the Services (including while creating a user account), if applicable, and any information collected via third-party applications installed on the smartphone or tablet devices used by you. If you opt-in during our onboarding process to share your conversation data, Your Information may be shared with certain other third parties in connection with the provision of the Application and the Services and may become part of a record established by us about you to facilitate the provision of Services to you. If you opt-in, it also may be used for the purpose of training or grounding an artificial intelligence or machine learning model, as described above, in connection with the Services, and for development or improvement of the Application, the Services, or other products or services. FOR MORE INFORMATION ABOUT HOW WE PROCESS YOUR INFORMATION AND RIGHTS OR CHOICES YOU HAVE WITH RESPECT TO YOUR INFORMATION, PLEASE REVIEW OUR PRIVACY POLICY AVAILABLE ON OUR SITE HERE.

We do not knowingly collect or solicit personally identifiable information from children under 13; IF YOU ARE A CHILD UNDER 13, PLEASE DO NOT ATTEMPT TO REGISTER FOR THE APPLICATION OR SERVICES OR SEND ANY PERSONAL INFORMATION ABOUT YOURSELF TO US. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible and may make the best effort to (but will not be obligated to) terminate the associated account. If you believe that a child under 13 may have provided us personal information, please contact us at support@slingshotai.com.

3. Your Representations and Acknowledgements.

Representations. As a condition for using the Application and/or the Services, you hereby represent the following:

1. You have the legal power and authority to agree to this EULA, you are at least 18 years of age, and have neither falsely identified yourself nor provided any false information to gain access to the Application or Services;

2. You will use the Services only for purposes that are permitted by this EULA, and always in compliance with applicable law. You will not use the Services to engage in any unlawful behavior, or to cause damage, harassment, nuisance, annoyance or inconvenience to Slingshot, another user of the Services or any third party;

3. You may not report false emergencies relating to yourself, others, or vulnerable populations including children, elders, or people with disabilities;

4. You will access the Services using computer or mobile device equipment that meet the minimum requirements required by the Service (e.g., such as the mobile device specification and access to the Internet) and as otherwise suggested by Slingshot to you;

5. You may not use any automated programs; data mining tools, web-crawlers or other data gathering or extraction tools in connection with your use of the Application, our website or the Services;

6. You may not use the Application or Services in a way that could cause damage or adversely affect the Application or the Services, including by means of introducing a virus, use of data sniffing tools, denial of service acts, breaching any security protocols or spamming the Application; and

7. You will not sell, resell, rent or otherwise engage in any commercial use of the Services.

We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application and the Services. YOU WAIVE AND HOLD HARMLESS SLINGSHOT AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SLINGSHOT AND ITS AFFILIATES OR LAW ENFORCEMENT AUTHORITIES.

‍Acknowledgements. You understand and acknowledge the following:

1. Slingshot is not a healthcare provider or a provider of mental health services and does not engage in the practice of medicine. Slingshot provides a technology platform that supports users’ individual efforts at self-help. Any decision related to diagnosis, treatment, or both, rests with you and your healthcare provider. You understand that by using the Services, you are not entering into a healthcare provider-patient relationship with Slingshot. Any decision related to diagnosis, treatment, or both, rests with you and your healthcare provider. The Services are not meant to be a substitute or replacement for any in-person healthcare visits, counseling, therapy, psychiatric care or wellbeing visits that may be necessary for the User;

2. You may incur certain charges from your internet, data or mobile network provider in connection with your use of the Application or Services;

3. Any Subscription Fees charged in connection with the Services may not be reimbursable by Medicare, Medicaid, Tricare, other government health care program, commercial insurers, managed care organizations, preferred provider organizations, or other payors; and

4. The Application, Services or certain portions thereof are only available within certain jurisdictions and may not be available to you based on your location.

4. Registration and Account Creation.
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‍You may be required to create an account to access and use the Application and the Services. If we require you to create an account, we may ask you to provide certain information, such as your name, age, and email address to Slingshot, in connection with account creation. If you create an account, you agree to provide information that is current, accurate, and complete, and to maintain and update any information about yourself that you have provided to Slingshot. If you do not maintain such information, or Slingshot has reasonable grounds to suspect as much, Slingshot has the right (but not the obligation) to suspend or terminate your account and your use of the Application and/or Services. You agree to keep your username and passcode confidential. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your access information. Slingshot may take any and all actions it deems necessary or reasonable to maintain the security of the Services. We may utilize additional security measures from time to time to prevent unauthorized access to your account, including the use of multi-factor authentication methods. You agree to not use anyone else’s username or password or permit others to use yours to log into any user account on the Application.
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5. Ownership and License to Use the Services.
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Ownership. As between Slingshot and you, Slingshot is the sole and exclusive owner of all right, title and interest in and to the Application, the Services, the Content, and all related features and functionality (including, without limitation, all information, software, text, displays, images, audio, design, selection, arrangement and look and feel) (the “Services Content”), and any associated copyrights, patents, or other protected or unprotected intellectual property rights. You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Application, Services, Content, or Services Content except as permitted by this EULA or otherwise by Slingshot expressly in writing. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Services, Application, Content, or Services Content shall be owned solely and exclusively by Slingshot, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Application, Services, Content or Services Content.

‍Your License. Subject to your compliance with this EULA, we hereby grant to you, during the Subscription Term, a personal, limited, revocable, non-exclusive, non-sublicensable, and nontransferable right to view, download, access, and use the Services, Application, Content, and Services Content solely for your personal and non-commercial use and only as permitted under this EULA. No other right, title, or interest in or to the Services, Application, Content, or Services Content is transferred to you, and all rights not expressly granted are reserved by Slingshot.

6. User Information.

‍Any information that you provide through the Application or the Services is your “User Information.” Except for the license you grant below, as between you and Slingshot, you retain all rights in and to your User Information.

For all User Information, you hereby grant Slingshot a license to translate, modify and reproduce and otherwise act with respect to such User Information, in each case to enable us to operate the Services, as described in more detail below, for example to generate session summaries and insights, and to the extent you have opted-in, for improvement or development of the Application or the Services. This is a license only – your ownership in User Information is not affected.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide; provided that when you delete your user account, we will stop displaying your User Information, but you understand and agree that some User Information may not be completely removed and copies of your User Information may continue to exist in Slingshot’s records and on the Application or Services. To the maximum extent permitted by law, Slingshot is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Information.

Slingshot may, but is not obligated to, review your User Information and may delete or remove your User Information (without notice) from any of the Services in its sole discretion. Removal of any of your User Information from the Services (by you or Slingshot) does not impact any rights you granted in your User Information under the terms of this EULA.

For more information about how we process your User Information and rights or choices you have with respect to your User Information, please review our Privacy Policy available on our site here.

7. Subscription Fees.

Fees. We may charge you a fee (as listed on the Application) (the “Subscription Fee”) for your use of the Application and the Services during the Subscription Term. We may revise the fees, if: (i) you exceed any applicable usage limits that we have communicated to you, (ii) you subscribe to additional features or products, or (iii) as determined by us in our sole discretion and following notice to you. Any Subscription Fee paid to us is non-refundable, even if you stop using the Services prior to the end of the Subscription Term.

‍Payment Processors. If you are paying the Subscription Fees by credit card, you authorize us to charge your credit card or bank account for such fees. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third-party payment processors. Your use of the Services will also be subject to the terms, conditions, and privacy policies of such third-party payment processors. Your access to or ability to use the Application or Services may be suspended, or you may incur additional charges from the payment processor if your billing contact information is incorrect or not updated in our records. Slingshot is not responsible for any damages arising out of (i) any account suspensions resulting from your incorrect billing contact information, or (ii) any errors or omissions by the payment processor or by your credit card issuer.

‍Taxes. All Subscription Fees are exclusive of taxes, which we will charge you separately as applicable. You agree to pay any taxes applicable to your use of the Services during the Subscription Term or to your payment of the Subscription Fees; provided, however, that you shall have no liability for any taxes based upon our gross revenues or net income.

8. Termination.

‍This EULA will become effective on the date you accept it by clicking “Accept”, “I agree”, or a similar button when the EULA is presented to you on the Application, or through another acceptable means. This EULA will be applicable to you for the duration of your Subscription Term or for the duration that you otherwise access or use the Application and/or Services.

Slingshot may, at its sole discretion, at any time without prior notice to you: (1) change, restrict, suspend or terminate your access to the Application, the Services, or any portion of thereof; (2) discontinue the Application, the Services, or any portion thereof; (3) set usage limits related to your use of the Application or Services; or (4) add, remove or modify any services or functionality that are available through the Application or Services. If Slingshot discontinues the Application or Service or stops offering the Application or Service in the jurisdiction where you are located, prior to the end of your Subscription Term, Slingshot will give you a pro-rata refund of any Subscription Fees paid by you (if any) that corresponds  to the unused portion of your Subscription Term. Upon termination, your user account will be deactivated and any stored information, entered or accepted by you into the account may be deleted or archived such that such information is no longer available to you. Upon deactivation of your account, you will no longer be able to view or retrieve such information. Furthermore, upon deactivation of your account, you will no longer have access to the Application or Services. You can terminate this EULA at any time prior to the end of the Subscription Term by uninstalling the Application, but any Subscription Fee paid to us is non-refundable in these circumstances.

9. Disclaimer of Warranties

‍Slingshot will provide the Application and the Services using a commercially reasonable level of skill and care, will use commercially reasonable efforts to correct any non-compliant Services or Content and will use commercially reasonable efforts to maintain the security and privacy of your information. HOWEVER, OTHER THAN AS EXPRESSLY LISTED IN THIS EULA, YOU HEREBY EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION AND SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SLINGSHOT AND ITS EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

SLINGSHOT DOES NOT PROVIDE ANY MEDICAL ADVICE, RECOMMENDATIONS OR DIAGNOSES. WE RECOMMEND THAT YOU SEEK ALL NECESSARY MEDICAL ADVICE, RECOMMENDATIONS AND DIAGNOSES FROM YOUR HEALTHCARE PROVIDER. WE DO NOT PROVIDE OR REPRESENT THAT WE PROVIDE ANY MEDICAL SERVICE, AND WE ARE NOT A PARTY TO ANY CONTRACT FOR THE PROVISION OR RECEIPT OF ANY MEDICAL SERVICE. FURTHER, WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE APPLICATION OR SERVICES WILL RESULT IN THE DIAGNOSIS, DETECTION, CURE OR PREVENTION OF ANY PSYCHOLOGICAL, WELLBEING, MENTAL OR OTHER MEDICAL DISORDER OR ILLNESS. PLEASE NOTE THAT WHILE WE MAY MONITOR PERSONAL INFORMATION ENTERED INTO OR GENERATED VIA THE APPLICATION FROM TIME TO TIME, WE DO NOT REVIEW ALL SUCH INFORMATION AND DO NOT REPRESENT THAT WE OR THE APPLICATION OR SERVICES WILL DETECT ALL OR ANY SPECIFIC PSYCHOLOGICAL, MENTAL OR OTHER MEDICAL DISORDER OR ILLNESS OR ANY SPECIFIC WELLBEING ISSUES OR THAT WE WILL TAKE ANY SPECIFIC ACTION IF ANY SUCH MATTERS ARE DETECTED. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIMS AGAINST US CONCERNING ANY FAILURE BY US OR THE APPLICATION TO DETECT OR TAKE ANY ACTION IN CONNECTION WITH ANY APPARENT MOOD, EMOTIONAL STATE, WELLBEING OR OTHER ISSUES OR ANY SPECIFIC PSYCHOLOGICAL, MENTAL OR OTHER MEDICAL DISORDER CONCERNING ANY PERSON. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL COUNSELING OR MEDICAL ADVICE BECAUSE OF ANY INFORMATION PROVIDED TO YOU THROUGH THE SERVICES. NOTHING STATED, POSTED, OR MADE AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

YOU UNDERSTAND AND AGREE THAT ANY OUTPUT OR OTHER INFORMATION OBTAINED THROUGH USE OF SLINGSHOT, SIMILAR TO USE OF OTHER AI TOOLS, IS SUSCEPTIBLE TO INACCURACIES AND INCOMPLETENESS, INCLUDING HALLUCINATIONS IN SOME INSTANCES. YOU MUST NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT FROM SLINGSHOT WITHOUT INDEPENDENT FACT-CHECKING, AND YOU MUST NOT RELY ON ANY SUCH AI OUTPUT WITHOUT INDEPENDENT REVIEW OF FUNCTIONALITY AND SUITABILITY FOR YOUR NEEDS.

SLINGSHOT IS NOT OBLIGATED TO REPORT, ON BEHALF OF ANY USER OR OTHERS, ANY POTENTIAL ABUSE TO THE AUTHORITIES.

The Services may contain hyperlinks or references to certain other websites (“Linked Sites”). Slingshot does not control and is not responsible for the content on Linked Sites including any products and services provided therein.

Content made available to you related to the Services and that you use or access using the Services, is provided to you “as-is”, on an informational basis, for your voluntary use. We do not warrant that the Content made available to you is accurate, correct, up-to-date or error-free. This Content is not intended to substitute for the diagnosis, treatment and advice of a professional health-care provider. Any information included in the Content regarding any practices, nutritional supplements or medications is informational and you should consult with your health-care provider prior to use of any such practices, supplements or medications.

10. Limitation of Liability

‍TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SLINGSHOT NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SERVICES. FURTHERMORE, SLINGSHOT DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND SLINGSHOT DISCLAIMS ANY LIABILITY RELATING THERETO.

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW: (I) IN NO EVENT SHALL SLINGSHOT, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY PERSONAL INJURY, PROPERTY DAMAGE, OR UNAUTHORIZED DISCLOSURE OF YOUR DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE, OR OTHERWISE RESULTING FROM YOUR USE OF THE APPLICATIONS OR SERVICES; AND (II) SLINGSHOT’S MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN CONNECTION WITH THIS EULA OR YOUR USE OF THE APPLICATION AND/OR SERVICES WILL NOT EXCEED USD $100.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as in this section. Accordingly, some of these limitations may not apply to you in their entirety. If you are a resident of a U.S. state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.

11. Indemnification.

‍You agree to indemnify, defend, and hold harmless Slingshot, its agents and employees, from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from: (1) your use of the Application and/or Services; (2) any claims for bodily injury, or property damages to a third-party that results from your use of the Services, (3) claims related to unauthorized disclosure of your or a third-party’s data that arises from your use of the Services; (4) any claims related to Your Information, including claims related to the accuracy, legality and quality of Your Information or claims arising from your failure to obtain the required consents, permissions, licenses, rights and authorizations necessary for us to use, host, transmit, store or use Your Information;  (5) any claims related to your violation of this EULA or any policy set forth in this EULA; (6) your violation of any applicable laws and regulations or rights of any third-party, including any intellectual property rights, resulting from your use of the Services; and (7) your gross negligence, willful misconduct or fraud.

12. Governing Law; Arbitration.

‍IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND SLINGSHOT TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SLINGSHOT. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND SLINGSHOT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

‍Choice of Law; Arbitration. This EULA governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of this EULA shall be finally settled in New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS EULA, YOU AND SLINGSHOT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, OTHER OR REPRESENTATIVE PROCEEDING.

13. Miscellaneous Terms.

Apple iOS. If you download the Application on an Apple phone, mobile device or other device running iOS, you and Slingshot acknowledge that this EULA is concluded between you and Slingshot only, and not with Apple, and that Apple, and Apple’s subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be considered to have accepted that right) to enforce this EULA against you as a third-party beneficiary of this EULA. Subject to this EULA, Slingshot, not Apple, is responsible for addressing any claims you may have relating to the Application, your possession or use of the Application, or the Services including (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation, and (iv) claims related to payment and refund of the Subscription Fee, as applicable. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the Subscription Fee for the Application to you, for the duration of the Subscription Fee when the Application was non-compliant. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. In addition, Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, subject to these terms, Slingshot, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

‍Android Store. The section only applies to the extent you download the Application from the Google Play Store: (i) you acknowledge that this EULA is between you and Slingshot only, and not with Google, Inc. (“Google”); (ii) your use of the Application must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of Google Play where you obtained Application, and not of this Application; (iv) Slingshot, and not Google, is solely responsible for the Application; (v) Google has no obligation or liability to you with respect to Application or this EULA; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this EULA as it relates to the Application.

‍Survivability. The rights, obligations, and commitments in this EULA that, by their nature, would logically continue beyond the termination of your use of or access to the Application or the Services survive termination of this EULA.

‍No waiver. No waiver by Slingshot of any term or condition set forth in this EULA 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 by Slingshot to assert a right or provision under this EULA shall not constitute a waiver of such right or provision.

‍Delayed Enforcement. Even if we delay in enforcing any term of this EULA, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the terms of this EULA, or if we delay in taking steps against you in respect of your breaching of the terms of this EULA, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

‍Severability. All parts of this EULA apply to the maximum extent permitted by law. Slingshot and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of this EULA will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

‍Assignment. You may not assign any of your rights under this EULA, and any such attempt will be null and void. Slingshot and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this EULA if some or all of the business of Slingshot is transferred to another entity by way of merger, asset sale, or otherwise.

‍No Third-Party Beneficiary. Except as expressly stated in this EULA, no provisions of this EULA create any third-party beneficiary.

‍Relationship. Slingshot provides the Application and the Services to you as an independent contractor and service provider. This EULA and the provision of the Application and the Services does not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.

‍Headings. The heading references herein are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.

‍Entire Agreement. This is the entire agreement between you and Slingshot relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with Slingshot.

14. Contact Us

‍If you have any questions about this EULA, please contact us at:
‍Address: 73 Spring St, New York, NY 10012
‍Email: support@slingshotai.com