Terms of Service - TeraDact

Last Updated: October 20, 2025

These Terms of Service (“Terms”) apply to your access to and use of (i) the website located at
https://www.teradact.com/ (or any successor links) and all associated web pages, websites, and
social media pages (the “Site”) provided by [insert name of legal entity] (“TeraDact”, “we”,
“our” or “us”), and (ii) online services (including the Site and the App, together the “Services”).

BY AGREEING TO THESE TERMS, YOU AND TERADACT AGREE TO RESOLVE MOST DISPUTES
SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY
OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO
ARBITRATE DISPUTES WITH TERADACT, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING
THE INSTRUCTIONS PROVIDED IN SECTION 16 (j). If you do not agree to these Terms, do not
use our Services.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules
apply in relation to some of our Services (“Supplemental Terms”). Any Supplemental Terms
become part of your agreement with us if you use the applicable Services, and if there is a
conflict between these Terms and the Supplemental Terms, the Supplemental Terms will
control for that conflict.

We may make changes to these Terms. The “Last Updated” date above indicates when these
Terms were last changed. If we make future changes, we may provide you with notice of such
changes, such as by sending an email, providing a notice through our Services, or updating the
date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will
be effective immediately, and your continued use of our Services after we provide such notice
will confirm your acceptance of the changes. If you

1. Eligibility and Use Restrictions

(a) For Consumer Users. If you are using our Services for yourself in an individual capacity, you
are a “Consumer User.” Consumer Users under 18 years of age (or the age of legal majority
where you live) may not use our Services. The parent or legal guardian of a user under the
age of 18 (or the age of legal majority) is fully responsible for the acts or omissions of such
user in relation to our Services. If you are a parent or legal guardian and you believe that
your child under the age of 18 is using our Services without your consent, please contact us
at [email protected]. You may only use our Services for personal, family or household
purposes and expressly excluding any commercial use.

(b) For Business Users. If you use our Services on behalf of another person or entity, you are a
“Business User” and (i) all references to “you” throughout these Terms (other than in these
clauses (i)-(iii)) will include that person or entity, (ii) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (iii) in the event you or that
person or entity violates these Terms, that person or entity also agrees to be responsible to
us. TeraDact may enable you to designate authorized individuals (“Authorized Users”) to
use our Services, and only Authorized Users may use our Services. You will be solely
responsible for your Authorized Users and their activity in connection with the Services.

2. Your Information

You may provide certain information to TeraDact in connection with your access or use of our
Services, or we may otherwise collect certain information about you when you access or use
our Services. You agree to receive emails, SMS, calls and other types of communication from
TeraDact via the Services using the email address or other contact information you provide in
connection with the Services. You represent and warrant that any information that you provide
to TeraDact in connection with the Services is accurate.

For information about how we collect, use, share and otherwise process information about you,
please see our Privacy Policy https://www.teradact.com/privacy-policy/.

3. Accounts

You or your Authorized Users must create an account with TeraDact in order to use some or all
of our Services. You will, or will ensure your Authorized Users will, promptly update any
information contained in your account if it changes. You must maintain the security of your
account, as applicable, and promptly notify us if you discover or suspect that someone has
accessed your account without your permission. We reserve the right to reject, require that you
change, or reclaim usernames, including on behalf of businesses or individuals that hold legal
title, including trademark rights, in those usernames.

4. User Content

(a) Our Services allow you to upload your personal and business documents (collectively, “User
Content”). You retain all rights in and to your User Content, excluding any portion of the
Services included in your User Content. You grant TeraDact a limited license to use, store,
copy, modify, and adapt your User Content solely to perform the Services and grant the
limited license to use, store, copy, modify and adapt your User Content to any individuals
you invite to your user account or team space.

(b) You may not provide any User Content that:

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any local, state, national, or international law; or
Contains any viruses, corrupted data or other harmful, disruptive, or destructive files or content; or
In our sole judgment may expose TeraDact or others to any harm or liability of any type.

(c ) Enforcement of this Section 4 is solely at TeraDact’s discretion, and failure to enforce this
section in some instances does not constitute a waiver of our right to enforce it in other
instances. This Section 4 does not create any right or 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 these Terms or that objectionable material will be promptly removed
after it has been posted.

(d) We do not undertake to review all User Content, and we expressly disclaim any duty or
obligation to undertake any monitoring or review of any User Content. Although we have
no obligation to screen, edit, or monitor User Content, we may:

Delete or remove User Content with or without notice, including without limitation for any violations of applicable law or these Terms;
Terminate or suspend your access to all or part of the Services, temporarily or permanently, if your User Content is reasonably likely, in our sole determination, to violate applicable law or these Terms;
Take any action with respect to your User Content that is necessary or appropriate, in TeraDact’s sole discretion, to ensure compliance with applicable law and these Terms, or to protect TeraDact’s rights, or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and
As permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Content on or through the Services.

5. Prohibited Content

(a) You will not use our Services if you are not eligible to use our Services in accordance with
Section 1 and will not use our Services other than for their intended purpose. Further, you
will not, in connection with our Services:

Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
Use or attempt to use another user’s account or information without authorization from that user and TeraDact;
Sell or resell our Services;
Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services except in accordance with instructions contained in our robot.txt file and only to compile for search results, provided that TeraDact grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. TeraDact reserves the right to revoke such permission either generally or in specific cases, at any time and without notice; or
Use our Services for any illegal or unauthorized purpose,

6. Terms of Sale

If you are a Consumer User, this Section governs your purchase of the Services. By purchasing
our Services you agree to the terms set forth in this Section 6 (the “Terms of Sale”).

(a) Subscriptions. To use our Services you will be required to enroll in a payment plan involving
automatic renewal (a “Recurring Subscription”). If you enroll in a Recurring Subscription,
you authorize TeraDact to maintain your account information and charge that account
automatically upon the renewal with no further action required by you. The length of your
Recurring Subscription will be provided when you make your purchase. Your Recurring Subscription will automatically renew unless you cancel it. In the event that TeraDact is
unable to charge your account as authorized by you when you enrolled in a Recurring
Subscription, TeraDact may in its sole discretion (i) bill you for your Services and suspend
your access to the Services until payment is received or (ii) seek to update your account
information through third-party sources (i.e., your bank or a payment processor) to
continue charging your account as authorized by you. You may cancel your subscription
through your account, or by visiting www.teradact.com/cancellation/. You may cancel a
Recurring Subscription at any time, but if you cancel your Recurring Subscription before the
end of the current subscription period, we will not refund any subscription fees already paid
to us. Following any cancellation, however, you will continue to have access to the
applicable Services through the end of your current subscription period. TeraDact may
change the prices charged for Recurring Subscriptions at any time by posting updated
pricing through the Services; provided, however, that the prices for your Recurring
Subscription will remain in force for the duration of the subscription period for which you
have paid. After that period ends, your use of the applicable Services will be charged at the
then-current subscription price. If you do not agree to these price changes, you must cancel
your Recurring Subscription at least 24 hours before the changes take effect. If you do not
cancel, your Recurring Subscription will automatically renew at the then-current price at the
time of renewal and for the same duration as the initial subscription term, and TeraDact will
charge your on-file payment card or method on the first day of the renewal of the
subscription term.

(b) Eligibility. To complete your purchase, you must have a valid billing and shipping address
within a country that can be selected as part of the checkout process on the Site (the
“Territory”). We make no promise that Services available on the Site are appropriate or
available for use in locations outside the Territory.

(c )Price. Prices shown on the Site exclude all taxes. Taxes will be added to the amount of your
purchase and itemized on the checkout page. You will have an opportunity to review taxes
before you confirm your purchase. All prices on the Site are subject to change at any time
without notice.

(d) Payment. If you wish to make a transaction, you may be asked to supply certain relevant
information, such as your payment card number and its expiration date, and your billing
address, to us or our payment processors. You represent and warrant that you have the
right to use any payment card that you submit in connection with a transaction. We may
receive updated information from your issuing bank or our payment service provider about
any payment method you have stored with us. You authorize us to charge your payment
method, including any updated payment method information we receive, for any charges
you are responsible for under these Terms. Verification of information may be required
prior to the acknowledgment or completion of any transaction. You will pay all charges
incurred by you or on your behalf through the Services, at the prices in effect when such
charges are incurred, including all taxes applicable to your transactions. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.

(e) Order Confirmation; Acceptance. You will have the opportunity to review and confirm your
order, including payment method and other details of your order. We will display or send a
notice when we ultimately accept your order, and our acceptance will be complete at the
time we display or send the formal acceptance notice. Payment must be received by us
before our acceptance of an order.

(f) Cancellation. We reserve the right to cancel any subscription order. For example, if there
are errors on the Site or made in connection with your order or inaccuracies in Services,
pricing information, or availability, we reserve the right to correct the error and charge you
the correct price or cancel your order. We will contact you if any portion of your order is
canceled or if additional information is required to accept your order.

(g) Reservation of Rights. TeraDact reserves the right, including without prior notice, to limit
the available quantity of or discontinue making available any Service; to impose conditions
on the honoring of any coupon, discount, or similar promotion; to bar any user from making
any transaction; to alter the payment option for Services; and to refuse to provide any user
with any Service.

7. Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively,
“Promotions”) made available through the Services may be governed by rules that are separate
from these Terms. If you participate in any Promotions, please review the applicable rules as
well as our Privacy Policy https://www.teradact.com/privacy-policy/. If the rules for a
Promotion conflict with these Terms, the Promotion rules will govern.

8. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations, and other
content contained therein, and all intellectual property rights therein and thereto, are owned
by TeraDact or our licensors and are protected under both United States and foreign laws.
Except as explicitly stated in these Terms, all rights in and to the Services, including all
intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to
your compliance with these Terms (including Sections 4 and 5 ), you are hereby granted a
limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use
our Services for personal or internal business use, as applicable. Any use of the Services other
than as specifically authorized herein, without our prior written permission, is strictly
prohibited and will terminate the license granted herein and violate our intellectual property
rights.

9. Trademarks

TeraDact and our logos, product or service names, slogans, and the look and feel of the Services
are trademarks of TeraDact and may not be copied, imitated or used, in whole or in part,
without our prior written permission. All other trademarks, registered trademarks, product
names, and company names or logos mentioned on or in connection with the Services are the
property of their respective owners. Reference to any products, services, processes, or other
information by trade name, trademark, manufacturer, supplier, or otherwise does not
constitute or imply endorsement, sponsorship, or recommendation by us.

10. Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments,
suggestions, ideas, original or creative materials, or other information about TeraDact or our
Services (collectively, “Feedback”). You understand that we may use such Feedback for any
purpose, commercial or otherwise, without acknowledgment or compensation to you, including
to develop, copy, publish, or improve the Feedback or Services, or to improve or develop new
products, services, or the Services in TeraDact’s sole discretion. TeraDact will exclusively own all
improvements to, or new, TeraDact products, services, or Services based on any Feedback. You
understand that TeraDact may treat Feedback as nonconfidential.

11. Repeat Infringer Policy; Copyright Complaints

(a) Our Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other
applicable law, we have adopted a policy of terminating, in appropriate circumstances, the
accounts of users who repeatedly infringe the intellectual property rights of others (our
“DMCA Policy”).

(b) Reporting Claims of Copyright Infringement. If you believe that any content on our Services
infringe any copyright that you own or control, you may notify TeraDact’s designated agent
(your notification, a “DMCA Notice”) as follows:

Designated Agent: TeraDact DMCA Agent
Address: 400 W Broadway Suite 101-432
Missoula, MT 59802
Telephone Number: (866) 599-8231 ext. 703
Email Address: [email protected]

Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If
you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your
notice may not be effective. If you knowingly materially misrepresent that any activity or
material on our Services is infringing, you may be liable to TeraDact for certain costs and
damages.

12. Third-Party Content

(c ) Our Services rely on or interoperate with third-party products and services, including,
without limitation, data storage services, communications technologies, IoT platforms,
third-party app stores, and internet and mobile operators (collectively, “Third-Party
Materials”). These Third-Party Materials are beyond our control, but their operation may
impact, or be impacted by, the use and reliability of our Services. You acknowledge that (a)
the use and availability of the Services is dependent on third-party product vendors and
service providers and (b) these Third-Party Materials may not operate reliably 100% of the
time, which may impact the way that our Services operate.

(d) Specifically, certain items of independent, third-party code may be utilized in connection
with the Services that may be subject to open-source licenses (“Open-Source Software”).
The Open-Source Software is licensed to us under the terms of the license that accompanies
such Open-Source Software and may be licensed to you under the terms of the same license
or through other terms. Nothing in the Terms limits your rights under, or grants you rights
that supersede, the terms and conditions of any applicable license for such Open-Source
Software.

(e) We may further provide information about or links to third-party products, services,
activities, or events, or we may allow third parties to make their content and information
available on or through the Services (collectively, “Third-Party Content”). We provide Third-
Party Content as a service to those interested in such content. Your dealings or
correspondence with third parties and your use of or interaction with any Third-Party
Content are solely between you and the third party.

(f) We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may
block or disable access to any Third-Party Materials or Third-Party Content (in whole or
part) through our Services at any time. Your access to and use of such Third-Party Content
or Third-Party Materials may be subject to additional terms, conditions, and policies
applicable to such Third-Party Content (including terms of service or privacy policies of the
providers of such Third-Party Materials). You are responsible for obtaining and maintaining
any computer hardware, equipment, network services and connectivity,
telecommunications services, and other products and services necessary to access and use
the Services.

13. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless
TeraDact and our subsidiaries and affiliates, and each of our respective officers, directors,
agents, partners, and employees (individually and collectively, the “TeraDact Parties”) from
and against any losses, liabilities, claims, demands, damages, expenses or costs arising out of or
related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c ) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Service. You will promptly notify TeraDact Parties of any third-party claims, cooperate with TeraDact Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). The TeraDact Parties will have control of the defense or settlement, at TeraDact’s sole option, of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and TeraDact or the other TeraDact Parties.

14. Disclaimers

Your use of our Services and any content or materials provided therein or therewith
(including the Third-Party Content and Third-Party Materials) is at your sole risk. Except as
otherwise provided in a writing by us and to the fullest extent permitted under applicable
law, our Services, and any content or materials provided therein or therewith (including the
Third-Party Content and Third-Party Materials) are provided “as is” and “as available”
without warranties of any kind, either express or implied. TeraDact disclaims all warranties
with respect to the foregoing, including implied warranties of merchantability, fitness for a
particular purpose, title, and non-infringement. In addition, TeraDact does not represent or
warrant that our Services or any content provided therein or therewith (including the Third-
Party Content and Third-Party Materials) are accurate, complete, reliable, current, or error-
free or that access to our Services or any content provided therein or therewith (including the
Third-Party Content and Third-Party Materials) will be uninterrupted. While TeraDact
attempts to make your use of our Services and any content provided therein or therewith
(including the Third-Party Content and Third-Party Materials) safe, we cannot and do not
represent or warrant that our Services or any content provided therein or therewith
(including the Third-Party Content and Third-Party Materials) or our servers are free of
viruses or other harmful components or content or materials. You assume the entire risk as to
the quality and performance of the Services and any content provided therein or therewith
(including the Third-Party Content and Third-Party Materials). All disclaimers of any kind
(including in this section and elsewhere in these Terms) are made for the benefit of TeraDact,
TeraDact Parties, and TeraDact’s respective shareholders, agents, representatives, licensors,
suppliers, and service providers, as well as their respective successors and assigns.

15. Limitation of Liability

(a) To the fullest extent permitted by applicable law, TeraDact and the other TeraDact Parties
will not be liable to you under any theory of liability—whether based in contract, tort,
negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special
damages or lost profits, even if TeraDact or the other TeraDact Parties have been advised
of the possibility of such damages.

(b) The total liability of TeraDact and the other TeraDact Parties for any claim arising out of or
relating to these Terms or our Services, regardless of the form of the action, is limited to
the greater of $100 and the amount paid by you to use our Services in the 12 month
period immediately preceding the claim.

(c ) The limitations set forth in this Section 14 will not limit or exclude liability for the gross
negligence, fraud, or intentional misconduct of TeraDact or the other TeraDact Parties or
for any other matters in which liability cannot be excluded or limited under applicable
law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitations or exclusions may not apply to you.

16. Release

To the fullest extent permitted by applicable law, you release TeraDact and the other TeraDact
Parties from responsibility, liability, claims, demands, and/or damages (actual and
consequential) of every kind and nature, known and unknown (including claims of negligence),
arising out of or related to disputes between users and the acts or omissions of third parties. If
you are a consumer who resides in California, you hereby waive your rights under California
Civil Code § 1542, which provides: “A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor at the time of
executing the release and that, if known by him or her, would have materially affected his or
her settlement with the debtor or released party.”

17. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND TERADACT TO
ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND TERADACT CAN
SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND TERADACT FROM
SUING IN COURT OR HAVING A JURY TRIAL. YOU AND TERADACT AGREE THAT ARBITRATION
WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS
ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. TERADACT AND YOU ARE
EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

YOU AND TERADACT EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE
INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES
AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 16 (j), IF YOU WISH TO OPT OUT OF THE
REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.

(a) Claims This Section Applies To. This Section 16 applies to all Claims between you and
TeraDact. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed
in Section 16 (c), below) between you and TeraDact, whether based in contract, tort,
statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to
seek legal recourse and that arises from or relates to these Terms, or the Services, including any claims related to the use or operation of the Services, the purchase of any products or services made available through the Services, all privacy or data security claims, and all claims related to the validity, enforceability, or scope of this Section or any portion of it.

(b) Informal Dispute Resolution Before Arbitration. If you believe you have a Claim against
TeraDact or if TeraDact believes it has a Claim against you, you and TeraDact will first
attempt to resolve the Claim informally to try to resolve the Claim more quickly and reduce
costs for both parties. You and TeraDact will make a good-faith effort to negotiate the
resolution of any Claim for 45 days (“Informal Resolution Period”), from the day either
party receives a written notice of a dispute from the other party that satisfies the
requirements of this Section 16 (b) (a “Claimant Notice”). The Informal Resolution Period is
designed to allow the party who has received a Claimant Notice to make a fair, fact-based
offer of settlement if it chooses to do so. The Informal Resolution Period may be extended
by the parties’ mutual written agreement.
You must send any Claimant Notice to TeraDact by certified mail, addressed to TeraDact
Acquisitions, LLC, Attn: Legal Department, 400 W Broadway suite 101-432, Missoula, MT
59802 or by email to [email protected]. TeraDact will send any Claimant Notice to you by
certified mail or email using the contact information you have provided to TeraDact. The
party sending a Claimant Notice (the “Claimant”) will ensure it includes (i) the Claimant’s
name, address, email address, and telephone number; (ii) a description of the nature of and
basis for the Claim, including the date(s) on which the Claim arose and the facts on which
the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from
the Claimant themselves(and not their counsel) verifying the accuracy of the contents of the
Claimant Notice.
No arbitration demand (“Arbitration Demand”) may be filed or proceed before a Claimant
Notice is sent and the Informal Resolution Period has concluded. If you or TeraDact files an
Arbitration Demand without complying with the requirements in this Section 16 , including
the requirement to wait for the Informal Resolution Period to conclude, the other party
may seek relief from a court to enjoin such filing and for such other relief as the court
deems proper. The prevailing party in any such action shall be entitled to recover its costs
and reasonable attorneys’ fees incurred in seeking such relief.
To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable
statutes of limitation will be tolled, and all deadlines associated with arbitration fees
deferred, from the commencement of the Informal Dispute Resolution Process through the
date when suit or arbitration may be filed under these Terms.

(c ) Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that
qualify for small claims court (provided that the small claims court does not permit class or
similar representative actions or relief) and any disputes exclusively related to the
intellectual property rights of you or TeraDact, including any disputes in which you or
TeraDact seek injunctive or other equitable relief for the alleged unlawful use of your or
TeraDact’s intellectual property (“IP Claims”), all Claims, including Claims that are not
related to intellectual property or intellectual property rights but are jointly filed with IP
Claims, that are not resolved in accordance with Section 16 (b) must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. Claims subject to binding arbitration include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion of it.

(d) Binding Individual Arbitration. Except as otherwise expressly permitted by this Section 16 ,
any Claim may be resolved only through binding individual arbitration conducted by the
American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal
Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). If you are a “Consumer,” meaning that you
only use the Services for personal, family, or household purposes, the then-current version
of the AAA’s Consumer Arbitration Rules, as modified by these Terms (the “Rules”), will
apply to Claims between you and TeraDact. If you are not a Consumer, the then-current
version of the AAA’s Commercial Arbitration Rules and Mediation Procedures, as modified
by these Terms, will apply to Claims between you and TeraDact.
These Terms affect interstate commerce, and the enforceability of this Section 16 will be
substantively and procedurally governed by the FAA to the maximum extent permitted by
law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive
authority to make all procedural and substantive decisions regarding any Claim and to grant
any remedy that would otherwise be available in court, including the power to determine
the question of arbitrability. As allowed by applicable law, the arbitrator may only award
legal or equitable remedies that are individual to you or TeraDact to satisfy one of our
individual Claims (that the arbitrator determines are supported by credible relevant
evidence).

(e) Arbitration Procedure and Location. You or TeraDact may initiate arbitration of any Claim
not resolved during the Informal Resolution Period by filing an Arbitration Demand with
AAA in accordance with the Rules.
Instructions for filing a demand with AAA are available on the AAA website or by calling AAA
at 800-778-7879. You will send a copy of any demand for arbitration to TeraDact by
certified mail addressed to TeraDact Acquisitions, LLC, Attn: Legal Department, 400 W
Broadway suite 101-432, Missoula, MT 59802 or by email to [email protected]. TeraDact
will send any demand for arbitration to you by certified mail or, if no physical address has
been provided, by email using the contact information you have provided to TeraDact.
The arbitration will be conducted by a single arbitrator in the English language. You and
TeraDact both agree that the arbitrator will be bound by these Terms.
For Claims in which the Claimant seeks less than USD $10,000, the arbitrator will decide the
matter based solely on written submissions, unless the arbitrator decides that a formal
hearing is necessary. For Claims in which the Claimant seeks USD $10,000 or more, or
smaller matters in which the arbitrator determines a hearing to be necessary, hearings will
be conducted by video or telephone, unless the arbitrator determines an in-person hearing
to be necessary. If an in-person hearing is determined to be necessary, the site of any in-
person hearing will be determined by the applicable Rules.
The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and
TeraDact agree otherwise, any decision or award will include a written statement stating
the decision of each Claim and the basis for the award, including the arbitrator’s essential
factual and legal findings and conclusions.
Any arbitration decision or award may be enforced as a final judgment by any court of
competent jurisdiction or, if applicable, application may be made to such court for judicial
confirmation of any award and an order of enforcement.

(f) Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the
applicable Rules and these Terms.

(g) Frivolous or Improper Claims. To the extent permitted by applicable law, a Claimant must
pay all costs incurred by the defending party, including any attorney’s fees and arbitration
fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by
existing law or by a nonfrivolous argument, (ii) the factual contentions for the Claim lacked
evidentiary support when filed or were unlikely to have evidentiary support after a
reasonable opportunity for further investigation; or (iii) the Claim was filed in arbitration for
any improper purpose, such as to harass the defending party, cause unnecessary delay, or
needlessly increase the cost of dispute resolution.

(h) Confidentiality. If you or TeraDact files a Claim in arbitration, you and TeraDact agree to
cooperate to seek from the arbitrator protection for any confidential, proprietary, trade
secret, or otherwise sensitive information, documents, testimony, and other materials that
might be exchanged or the subject of any discovery in the arbitration. You and TeraDact
agree to seek such protection before any such information, documents, testimony, or
materials are exchanged or otherwise become the subject of discovery in the arbitration.

(i) Mass Disputes. If 25 or more Claimant Notices are received by a party that raise similar
Claims and have the same or coordinated counsel, these will be considered a “Mass
Dispute” and the provisions of this Section 16 (i) will apply to all such Claimant Notices. A
Claimant Notice in a Mass Dispute may proceed to arbitration only as set forth below.

Applicable Rules. Any Arbitration Demands based on these Claimant Notices filed in arbitration shall be subject to the AAA’s then-current Mass Arbitration Supplementary Rules, as modified by these Terms. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.
Initial Arbitrations. The parties shall identify an initial set of 20 Claimant Notices to proceed as Arbitration Demands in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. The initial set shall be selected as follows. Counsel representing the Claimants in a Mass Dispute must notify the other party in writing (email will suffice) when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all Claimants and counsel for the responding party each shall then select 10 Claimant Notices to proceed as Arbitration Demands. Claimants shall then file Arbitration Demands for the 20 selected Claimant Notices. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Arbitration Demand, and shall preside only over one Arbitration Demand, unless the parties agree otherwise.
Mediation. Upon conclusion of the 20 Initial Arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties shall have 30 days following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Arbitration Demands may be filed until 30 days after such mediation concludes or 90 days after the appointment of a mediator, whichever is sooner.
Remaining Claimant Notices and Arbitrations. If mediation concludes with 100 or more unresolved Claimant Notices, any remaining Claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial 20 Arbitration Demands or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 17 .

If complaints based on Claimant Notices that were released from the arbitrationrequirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law.

If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with Section 16 (b) to proceed in arbitration in the same manner as described in Section 16 (i)(2), above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.

(j) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms by emailing [email protected]. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.

(k) Rejection of Modifications to this Section. You may reject any change we make to this Section 16 (except changes to notice addresses) as to you, by emailing [email protected] within 30 days of the date of the change. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to Section 16 . You may reject changes to Section 16 only as a whole. You may not reject only certain changes to Section 16 . If you reject changes made to Section 16 , the most recent version of Section 16 that you have not rejected will continue to apply.

(l) Two Years to Assert Claims. To the extent permitted by law, any Claim by you or TeraDact against the other must be included in a Claimant Notice within two years after such Claim arises; otherwise, the Claim is permanently barred, which means that you or TeraDact will no longer have the right to assert that Claim.

(m) Severability. If any portion of this Section 16 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16 ; and (iii) to the extent that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 16 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 16 will be enforceable.

18. Governing Law

Any dispute, claim, or controversy arises from or relates to these Terms will be governed by and construed and enforced in accordance with the laws of the State of Montana, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Montana or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. [If any dispute, claim, or controversy arises from or relates to these Terms is not subject to arbitration pursuant to Section 16 , then] the state and federal courts located in the County of Missoula, Montana, will have exclusive jurisdiction. You and TeraDact waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

19. Modifying and Terminating Our Services

We reserve the right to modify our Services or to suspend or terminate providing all or part of our Services at any time; charge, modify, or waive any fees required to use the Services; or offer opportunities to some or all end users of the Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services. All modifications and additions to the Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by TeraDact in writing. You also have the right to stop using our Services at any time, and you may terminate these Terms by ceasing use of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

20. Severability

If any portion of these Terms other than Section 16 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

21. Export Control

You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

22. Miscellaneous

(a) TeraDact’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.

(b) If you have a question or complaint regarding the Services, please send an email to [email protected]. You may also contact us by writing to Teradact Acquisition LLC, 400 W Broadway Suite 101-432, Missoula, MT 59802, or by calling us at (866) 599-8231 ext. 703. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us. Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.