PAIRA TERMS OF SERVICE

Paira Technologies, Inc.

Effective date: August 15, 2026

These Terms of Service (the "Terms") are a binding agreement between you and Paira Technologies, Inc., a Delaware corporation ("Paira," "we," "us," or "our"). They govern your access to and use of the Paira mobile application, the website at www.joinpaira.com, and all related features, content, and services (together, the "Services").

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ASSUMPTION OF RISK AND RELEASE IN SECTION 6, A LIMITATION OF LIABILITY IN SECTION 21, AND AN AGREEMENT TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION AND TO WAIVE CLASS ACTIONS IN SECTION 24. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY DAYS AS DESCRIBED IN SECTION 24.7.

By creating an account, accessing the Services, or participating in an event or date arranged through the Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

1. Eligibility and Age

1.1 Minimum age. The Services are for individuals who are at least eighteen (18) years old. You represent that you are at least eighteen and have the legal capacity to enter into these Terms. We do not knowingly permit anyone under eighteen to register for or use the Services.

1.2 Age assurance. We confirm age using the date of birth you provide at registration. A person who enters a date of birth showing they are under eighteen cannot complete signup. We do not currently carry out identity verification or any other form of age verification, and we do not receive age information about you from the app store. We may adopt additional methods, and we will update these Terms before we do. If we receive information indicating that a user is under eighteen, we will restrict access to the account and delete associated personal information as required by applicable law.

1.3 Alcohol. Many venues that participate in the Paira partner program serve alcohol. You are responsible for complying with all laws governing the purchase and consumption of alcohol, including minimum drinking age laws. If you are under twenty-one (21), you may not purchase or consume alcohol at any venue, regardless of any offer, discount, or event made available through the Services. Each venue is solely responsible for verifying legal drinking age and for its own service of alcohol.

2. Your Account

2.1 Registration. You must create an account to use most features of the Services. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.

2.2 One account. You may maintain only one account. You may not sell, transfer, or license your account or profile to any other person, and you may not use another person’s account.

2.3 Accuracy. If you provide information that is untrue, inaccurate, or incomplete, or if you misrepresent your identity, age, or location, we may suspend or terminate your account.

3. The Services

3.1 What Paira does. Paira is a social platform that introduces users to one another and helps them arrange in-person double dates, including at venues that participate in our partner program. Users may match individually, invite a friend to join them as a wingmate, and communicate through group chat features that the Services provide.

3.2 Blind and curated formats. We offer, and may from time to time offer, formats in which some or all profile information about other participants is withheld before the meeting, and in which Paira selects the other pair, the venue, or both. These are referred to in these Terms as "Curated Events." Any review Paira performs of applications, profiles, or participants for a Curated Event is conducted solely for the purpose of pairing and program administration. It is not a background check, an identity verification, a safety screening, or an endorsement of any person.

3.3 Third-party registration flows. Registration or ticketing for a Curated Event may from time to time be operated through a third-party service. Where that is the case, information you submit through that service is collected as described in our Privacy Policy, and the third party’s own terms apply to your use of its service in addition to these Terms.

3.4 Changes to the Services. We may add, change, suspend, or discontinue features of the Services. Where a change materially reduces a feature you have paid for, Section 9.6 applies.

4. Safety

4.1 No background checks. PAIRA DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. WE DO NOT SCREEN USERS AGAINST SEX OFFENDER REGISTRIES OR OTHER CRIMINAL DATABASES, AND WE DO NOT VERIFY THE IDENTITY, BACKGROUND, EMPLOYMENT, MARITAL STATUS, OR CHARACTER OF ANY USER. YOU SHOULD EXERCISE THE SAME CAUTION YOU WOULD WHEN MEETING ANY STRANGER IN PERSON.

4.2 Safety practices. We ask every user to follow these practices:

4.3 Safety features are tools, not guarantees. Any safety-related feature we may offer, including reporting tools, check-ins, content filters, or location sharing, is an optional tool provided for your convenience. It is not a guarantee of safety, it may not function in all circumstances, and it does not create any duty on our part to monitor, supervise, or intervene in any interaction.

5. Guests and Other Participants

5.1 Participants who do not hold accounts. A double date or Curated Event may include a person who does not hold a Paira account, such as a friend a user brings as a wingmate (a "Guest Participant"). If you invite, name, or bring a Guest Participant, you represent that you have that person’s permission to provide their information to us, that you have informed them that the meeting is arranged through Paira, and that you have authority to accept these Terms on their behalf as to their participation.

5.2 Terms apply to Guest Participants. A Guest Participant who attends a double date or Curated Event arranged through the Services accepts Sections 4, 6, 21, 22, 23, 24, and 25 of these Terms as to that participation. We may require any participant to complete an acknowledgment before attending, and we may decline participation to anyone who does not.

5.3 Your responsibility. You are responsible for the conduct of any Guest Participant you invite or bring, and Section 23 applies to claims arising from that person’s participation.

6. Assumption of Risk; Release

6.1 Inherent risks. PAIRA IS A PLATFORM THAT FACILITATES INTRODUCTIONS AND IN-PERSON MEETINGS, INCLUDING DOUBLE DATES, CURATED EVENTS, AND BLIND DATE FORMATS. YOU UNDERSTAND AND AGREE THAT MEETING ANY PERSON IN REAL LIFE CARRIES INHERENT RISKS, INCLUDING THE RISK OF BODILY INJURY, DEATH, EMOTIONAL HARM, PROPERTY DAMAGE, AND THE CRIMINAL, RECKLESS, OR NEGLIGENT ACTS OF OTHER PEOPLE. THOSE RISKS ARE GREATER WHERE YOU HAVE LIMITED OR NO INFORMATION ABOUT THE OTHER PARTICIPANTS BEFORE YOU MEET.

6.2 No endorsement. PAIRA’S MATCHING, CURATION, PAIRING, OR SELECTION OF USERS, DATES, EVENTS, OR VENUES IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY PERSON OR VENUE, AND IS NOT A REPRESENTATION ABOUT ANY PERSON’S IDENTITY, CHARACTER, CONDUCT, OR INTENTIONS, OR ABOUT ANY VENUE’S SAFETY, CONDITION, OR SUITABILITY. ANY REVIEW OF A PROFILE OR APPLICATION IS FOR PAIRING AND PROGRAM ADMINISTRATION ONLY AND IS NOT A SAFETY SCREENING.

6.3 Assumption of risk. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, GUEST PARTICIPANTS, AND VENUES, WHETHER ON OR OFF THE PLATFORM. BY USING THE SERVICES, INCLUDING ANY CURATED EVENT OR BLIND DATE FORMAT, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES AND ANY IN-PERSON MEETING ARRANGED THROUGH THE SERVICES.

6.4 Release. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE PAIRA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ALL CLAIMS, DEMANDS, DAMAGES, AND LIABILITIES, KNOWN AND UNKNOWN, ARISING OUT OF OR RELATING TO (A) THE CONDUCT OF ANY USER, GUEST PARTICIPANT, THIRD PARTY, OR VENUE, INCLUDING CONDUCT OCCURRING BEFORE, DURING, OR AFTER AN IN-PERSON MEETING; (B) THE CONDITION OF ANY VENUE OR PREMISES; AND (C) PAIRA’S MATCHING, PAIRING, CURATION, SELECTION, OR ARRANGEMENT OF ANY DATE, EVENT, PARTICIPANT, OR VENUE.

6.5 What this release does not cover. THIS RELEASE DOES NOT APPLY TO, AND NOTHING IN THESE TERMS LIMITS, LIABILITY FOR PAIRA’S OWN GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL, WANTON, OR INTENTIONAL MISCONDUCT, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT MAY NOT BE RELEASED OR LIMITED UNDER APPLICABLE LAW. IF ANY PORTION OF THIS SECTION 6 IS HELD UNENFORCEABLE, IT SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED AND THE REMAINDER OF THIS SECTION AND OF THESE TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

6.6 Unknown claims. YOU WAIVE THE BENEFIT OF ANY LAW THAT WOULD OTHERWISE LIMIT A GENERAL RELEASE TO CLAIMS KNOWN TO YOU, INCLUDING CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN, WOULD HAVE MATERIALLY AFFECTED ITS SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. THIS WAIVER DOES NOT APPLY TO ANY LIABILITY DESCRIBED IN SECTION 6.5.

6.7 Acknowledgment at opt-in. Before you participate in a Curated Event or blind date format, we may require you to complete a separate acknowledgment confirming that you have read and accept this Section 6 as it applies to that format. Completing that acknowledgment does not replace these Terms and is in addition to them.

7. Venues and Partner Offers

7.1 Independent businesses. Venues that participate in the Paira partner program are independent third parties. Paira does not own, operate, staff, inspect, or control any venue, and Paira is not the seller or provider of any food, beverage, good, service, or experience supplied by a venue.

7.2 Offers. Offers, discounts, and experiences made available by venues ("Partner Offers") are provided by the venue, not by Paira. Each Partner Offer may carry its own terms, restrictions, blackout dates, minimum purchase requirements, and expiration, which will be shown in the app at the time of redemption. Your redemption of a Partner Offer creates a transaction between you and the venue directly.

7.3 Disputes with venues. Any dispute arising from a Partner Offer or from your visit to a venue, including refusal of redemption, the quality or safety of goods or services, the condition of the premises, or the conduct of venue staff, must be resolved directly between you and the venue. Section 6 applies to those disputes.

8. Purchases and Payment

8.1 How purchases are processed. Purchases within the app are processed by the applicable app store, currently Apple In-App Purchase, and not by Paira directly. Those purchases are subject to the app store’s terms in addition to these Terms. We do not receive or store your payment card number or billing address.

8.2 Taxes and currency. Applicable taxes will be added as required. All amounts are stated in United States dollars.

9. Subscriptions and Automatic Renewal

9.1 Plans. Paira offers auto-renewing subscription plans that provide access to premium features, Sparks, or both. The features, price, billing period, and any introductory or promotional pricing applicable to your plan are disclosed to you in the app before you complete your purchase, together with a description of how to cancel.

9.2 Automatic renewal. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD, AT THE THEN-CURRENT PRICE FOR THE PLAN AND FOR THE SAME BILLING PERIOD, UNTIL YOU CANCEL. YOUR APP STORE ACCOUNT WILL BE CHARGED WITHIN TWENTY-FOUR (24) HOURS BEFORE THE START OF EACH RENEWAL PERIOD. TO AVOID BEING CHARGED, YOU MUST TURN OFF AUTOMATIC RENEWAL AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF THE CURRENT PERIOD.

9.3 How to cancel. You may cancel at any time through your app store subscription settings on your device. On Apple devices this is found under Settings, then your name, then Subscriptions. Cancellation takes effect at the end of the current paid billing period, and you keep access to subscription benefits until then. Paira cannot cancel an app store subscription on your behalf. Deleting the app does not cancel your subscription. If you signed up through a channel that permits cancellation directly with Paira, you may also cancel by that channel or by emailing admin@joinpaira.com.

9.4 Free trials and promotional pricing. If we offer a free trial or introductory rate, the length, eligibility conditions, and the price that will apply when the promotional period ends are disclosed at sign-up. Unless you cancel at least twenty-four hours before the promotional period ends, your subscription will convert to the standard price and your account will be charged. Any unused portion of a free trial is forfeited when you purchase a subscription.

9.5 Refunds. Except as required by applicable law or by the app store’s policies, purchases are final. Refund requests for app store purchases must be submitted to the app store, which for Apple purchases is reportaproblem.apple.com. Paira cannot process refunds for app store purchases or grant refunds on the app store’s behalf.

9.6 Price and plan changes. We may change subscription prices or materially change what a plan includes. We will give you notice before the change takes effect, and the change will apply at your next renewal. Where required by applicable law, a price increase or a material change to the renewal terms will not take effect until you affirmatively agree to it, and if you do not agree your subscription will not renew at the new price. You may cancel at any time before a change takes effect.

9.7 Restoring purchases. If you reinstall the app or sign in on another device with the same app store account, you may restore eligible prior purchases through the restore function in the app.

10. Sparks

10.1 What Sparks are. "Sparks" are promotional, non-monetary credits that may be redeemed within the app for Partner Offers. Sparks are provided as an included benefit of a paid subscription or as a promotional reward, such as for referrals, waitlist sign-up, or loyalty. Sparks are not sold separately and cannot be purchased for money as a standalone product.

10.2 No cash value; no ownership. Sparks have no cash value, are not legal tender, are not a substitute for currency, are not a gift certificate or stored value instrument, and cannot be redeemed for cash. You do not own Sparks. You receive a limited, personal, non-transferable, revocable license to use Sparks within the app. Sparks may not be sold, traded, gifted, transferred, or exchanged outside the app, and any attempt to do so is void.

10.3 Redemption. Sparks may be redeemed only within the app and only for Partner Offers available at the time of redemption. Available Partner Offers change and may be added, removed, or exhausted without notice. We do not guarantee that any particular Partner Offer will be available at any time or in your area. Once a redemption is confirmed, the Sparks used cannot be returned to your balance, even if you do not use the Partner Offer.

10.4 Cancellation and lapse of a subscription. Sparks already credited to your account are not deducted if your subscription is cancelled or lapses, and an active subscription is not required in order to redeem Sparks already credited.

10.5 Expiration, suspension, and deletion. Sparks do not expire on a fixed schedule. If we introduce an expiration period, we will give you notice in the app before it applies to Sparks already credited to your account, and we will not apply it retroactively. If your account is suspended, redemption may be unavailable while the suspension is in effect. If you delete your account, access to the app is restricted during the thirty day period before permanent deletion, and you cannot redeem Sparks during that period unless you reactivate your account. Sparks are deleted along with your other account data when your account is permanently deleted, and no cash value is paid for them.

10.6 Program changes. We may modify, suspend, or discontinue the Sparks program, change the rate at which Sparks are earned or the value at which they may be redeemed, and add or remove Partner Offers. Where a change would materially reduce the value of Sparks already credited to your account, we will give you notice in the app and a reasonable period to redeem them before the change takes effect.

10.7 Venue responsibility. Partner Offers are supplied by the venue. Sections 7.1 through 7.3 apply to them.

11. Your Content

11.1 What this covers. "User Content" means anything you create, upload, post, send, or make available through the Services, including photographs, profile text, messages, reviews, and other material.

11.2 You keep ownership. You retain ownership of your User Content and of any intellectual property rights in it.

11.3 License you grant us. You grant Paira a non-exclusive, worldwide, royalty-free license to host, store, reproduce, adapt for technical purposes, distribute, and display your User Content solely in order to operate, provide, secure, and improve the Services, including displaying your profile to other users and providing the group chat and matching features. This license includes the right to allow our service providers to process User Content on our behalf for those purposes. It ends when you delete the User Content or your account, except for copies retained in backups until overwritten in the ordinary course, and except for content another user has already received or that we must retain for the purposes described in our Privacy Policy.

11.4 Public content, promotions, and events. In three limited situations we may use User Content beyond operating the Services, and each is described here so that you know about it before it applies to you.

11.5 Everything else requires your consent. Apart from the three situations in Section 11.4, we will not use your name, likeness, image, voice, or User Content in advertising or promotional materials outside the Services without your separate, express consent, which you may give or decline at your option and may withdraw prospectively at any time.

11.6 Feedback. If you send us suggestions or feedback about the Services, we may use them without restriction or compensation. This applies to ideas about the Services and not to the content of your profile, your photographs, or your messages.

11.7 Your representations. You represent that you own or have the rights necessary to grant the license in Section 11.3, that your User Content does not infringe any third party’s rights or violate any law, that you have the consent of every identifiable person appearing in it, and that it is not confidential.

11.8 Removal. We may remove or restrict User Content that violates these Terms or that we reasonably believe presents a risk to users or to Paira. We have no general obligation to monitor User Content.

12. Prohibited Conduct

You agree not to do any of the following, and not to assist or permit anyone else to do them:

13. Moderation, Reporting, and Enforcement

13.1 Automated and human review. We use automated tools and human review to identify content and conduct that may violate these Terms. This includes automated screening of profile photographs and profile text through a third-party moderation service, filtering of certain terms in messages, and review by authorized Paira personnel of content that is flagged or reported. Our Privacy Policy describes how this processing works and who has access.

13.2 Reporting. You may report content, conduct, or a user through the in-app reporting tools or by emailing admin@joinpaira.com. We review reports and take the action we consider appropriate, which may include warning, restricting, suspending, or terminating an account and reporting conduct to law enforcement.

13.3 Nonconsensual intimate imagery. If an intimate visual depiction of you, including a digitally created or altered depiction, has been published through the Services without your consent, you or an authorized person acting on your behalf may request its removal by emailing admin@joinpaira.com with the subject line "NCII Removal Request," or by using the reporting form linked from our website and from the app. Please include, in writing: your physical or electronic signature; identification of the depiction and information reasonably sufficient for us to locate it; a brief statement that you have a good faith belief that the depiction is not consensual, together with any information that helps us determine it was published without your consent; and information sufficient for us to contact you. On receipt of a valid request we will remove the depiction, and make reasonable efforts to identify and remove any known identical copies, as soon as possible and no later than forty-eight (48) hours after we receive it. You do not need a Paira account to submit a request.

13.4 No obligation to monitor. Except where applicable law requires otherwise, we have the right but not the obligation to monitor the Services, and nothing in this Section creates a duty to detect, prevent, or respond to any particular content or conduct.

14. Fraud Ban Notifications

Where required by applicable law, if we remove a user for conduct involving fraud or for posing a significant risk of financial fraud, we will notify users who previously exchanged messages with that person through the Services. The notice will identify the account by the name or username shown to you, will state that the person may have been using a false identity, will advise you not to send money, and will provide information on avoiding romance fraud. We will send the notice by email or in-app message within the period required by the applicable law and, absent a shorter statutory period, within three days of removal. We will not disclose the removed user’s other personal information in the notice.

15. Copyright and Intellectual Property

15.1 Our rights. The Services, and all software, text, graphics, design elements, trademarks, and other content we provide, are owned by Paira or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to install and use the app on a device you own or control and to access the Services for your own personal, non-commercial use, subject to these Terms.

15.2 Restrictions. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from any part of the Services, except to the extent applicable law prohibits that restriction. You may not remove any proprietary notice.

15.3 Copyright complaints. If you believe material on the Services infringes your copyright, send a notice under the Digital Millennium Copyright Act to our designated agent at the address in Section 29, or by email to admin@joinpaira.com with the subject line "DMCA Notice." The notice must include: a signature of the owner or authorized agent; identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing and information sufficient to locate it; your contact information; a statement that you have a good faith belief the use is not authorized; and a statement, under penalty of perjury, that the information is accurate and that you are authorized to act.

15.4 Counter notification. If your material was removed and you believe the removal was in error or misidentification, you may send a counter notification to the same address. It must include your signature, identification of the removed material and where it appeared, a statement under penalty of perjury that you have a good faith belief the removal resulted from mistake or misidentification, your contact information, and your consent to the jurisdiction of the federal district court for the district in which you reside, or where you are outside the United States, the district in which we may be found.

15.5 Repeat infringers. We terminate the accounts of repeat infringers in appropriate circumstances.

16. Privacy

Our Privacy Policy, available at www.joinpaira.com/legal-pages/privacy-policy, describes how we collect, use, disclose, and retain personal information, including profile information, sensitive information, precise location data, contact information you choose to sync, messages, and Sparks activity. It is incorporated into these Terms. The Services are hosted in the United States, and by using them you consent to processing of your information in the United States.

17. Text Messages

17.1 Consent. If you provide your mobile number and opt in, you consent to receive text messages from or on behalf of Paira at that number, which may include marketing messages sent using an automatic telephone dialing system. Consent is not a condition of any purchase.

17.2 Frequency and charges. Message frequency varies. Message and data rates may apply according to your plan. Carriers are not liable for delayed or undelivered messages.

17.3 Opting out. Reply STOP to any message to stop receiving text messages. You may receive a confirmation message. Reply HELP for assistance, or contact us at admin@joinpaira.com or 1-844-484-4419. Opting out of marketing messages does not stop transactional messages necessary to operate your account.

18. App Stores and Third-Party Services

18.1 App store terms. Your use of the app is also subject to the terms of the app store from which you obtained it. You represent that you are not located in a country subject to a United States government embargo or designated as supporting terrorism, and that you are not on any United States government list of prohibited or restricted parties.

18.2 Apple. Apple Inc. is not a party to these Terms and has no obligation to provide maintenance or support for the app. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

18.3 Other third-party services. The Services may link to or interoperate with services we do not control. We are not responsible for those services, and their terms and privacy practices apply to your use of them.

19. Term, Suspension, and Termination

19.1 Your right to stop. You may stop using the Services and delete your account at any time through the account settings in the app. Deleting your account does not cancel an app store subscription, which must be cancelled as described in Section 9.3.

19.2 Our right to suspend or terminate. We may suspend or terminate your account or your access to the Services, with or without notice, if we reasonably believe you have violated these Terms or applicable law, if your conduct presents a risk to other users, to Paira, or to a venue, or if we are required to do so by law. Where the circumstances allow and no user’s safety is at issue, we will give you notice and, where the violation can be cured, an opportunity to cure.

19.3 Effect of termination. On termination, your right to use the Services ends and your profile is removed from public view. Sections 5.3, 6, 10.2, 11.3 as to content already shared, 11.4, 11.7, 15, 20, 21, 22, 23, 24, 25, and 28 survive termination. No refund is owed on termination for a violation of these Terms, except as required by applicable law.

19.4 Re-registration. If we terminate your account for a violation of these Terms, you may not register another account without our written permission.

20. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PAIRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY MATCH OR INTRODUCTION WILL RESULT IN A MEETING OR RELATIONSHIP, OR THAT ANY INFORMATION PROVIDED BY ANOTHER USER IS ACCURATE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

21. Limitation of Liability

21.1 Excluded damages. TO THE FULLEST EXTENT PERMITTED BY LAW, PAIRA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

21.2 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

21.3 Exceptions. NOTHING IN THIS SECTION 21 LIMITS LIABILITY FOR PAIRA’S GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL, WANTON, OR INTENTIONAL MISCONDUCT, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, FOR DEATH OR PERSONAL INJURY CAUSED BY PAIRA’S NEGLIGENCE TO THE EXTENT THAT LIABILITY MAY NOT BE LIMITED UNDER APPLICABLE LAW, OR FOR ANY OTHER LIABILITY THAT MAY NOT BE LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

22. Time Limit on Claims

Except where a longer period is required by applicable law, and except for claims for death or bodily injury, any claim arising out of or relating to the Services or these Terms must be brought within one (1) year after the claim accrues, or it is permanently barred.

23. Indemnification

You will defend, indemnify, and hold harmless Paira and its officers, directors, employees, and agents from and against any claim, damage, liability, cost, or expense, including reasonable attorneys’ fees, arising out of or relating to (a) your User Content; (b) your use of the Services; (c) your breach of these Terms or of any representation you make in them; (d) your violation of the rights of any third party or of any law; (e) your conduct toward any other user, Guest Participant, or venue, including conduct occurring during or after an in-person meeting; or (f) the participation of any Guest Participant you invited or brought. We will notify you of any claim subject to this Section and may participate in the defense with counsel of our own choosing at our own expense. You may not settle any claim in a manner that imposes any obligation or admission on us without our prior written consent.

24. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT AS DESCRIBED IN SECTION 24.7.

24.1 Informal resolution first. Before starting an arbitration or a court proceeding, you and Paira agree to try to resolve the dispute informally for at least thirty (30) days. The party raising the dispute must send a written notice describing the dispute, the relief sought, and, if you are the one sending it, your name, the email address associated with your account, and a mailing address. You send notice to admin@joinpaira.com and to the address in Section 29. We send notice to the email address associated with your account. The thirty-day period is a condition precedent to arbitration or suit, and the applicable statute of limitations is tolled while it runs.

24.2 Agreement to arbitrate. If the dispute is not resolved informally, you and Paira agree that any dispute, claim, or controversy arising out of or relating to these Terms or to the Services, including their formation, interpretation, breach, or termination, and including claims arising under statute, will be resolved by final and binding individual arbitration rather than in court, except as provided in Section 24.6. This agreement to arbitrate is governed by the Federal Arbitration Act.

24.3 Rules and administrator. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, as modified by this Section. The rules are available at adr.org. If the AAA is unavailable or declines to administer the arbitration, the parties will agree on an alternative administrator, and if they cannot agree, a court of competent jurisdiction may appoint one.

24.4 Location and procedure. The arbitration may be conducted by written submission, by telephone or videoconference, or in person. Any in-person hearing will take place in the county where you reside or at another location the parties agree on. The arbitrator will issue a written decision stating the essential findings and conclusions on which the award is based. The arbitrator has authority to award any relief a court could award to the individual party seeking relief, and no other relief. Fees are governed by the AAA Consumer Arbitration Rules, and we will pay the portion of the filing and administrative fees that those rules require us to pay.

24.5 Class action waiver. YOU AND PAIRA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. IF THIS SECTION 24.5 IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THAT CLAIM OR REQUEST WILL BE SEVERED AND BROUGHT IN A COURT DESCRIBED IN SECTION 25, AND ALL OTHER CLAIMS WILL PROCEED IN ARBITRATION.

24.6 Exceptions. This Section does not require arbitration of: (a) an individual claim brought in small claims court, so long as it remains an individual claim in that court; (b) a claim seeking to enforce or protect, or concerning the validity of, either party’s intellectual property rights; or (c) an application for temporary or preliminary injunctive relief in aid of arbitration. Nothing in this Section prevents you from reporting a matter to a government agency or from participating in an agency proceeding.

24.7 Your right to opt out. You may opt out of this Section 24 by sending written notice to admin@joinpaira.com with the subject line "Arbitration Opt-Out," including your name and the email address associated with your account, within thirty (30) days after you first accept these Terms. Opting out has no effect on any other part of these Terms and will not affect your account or your use of the Services.

24.8 Coordinated filings. If twenty-five (25) or more claimants submit demands for arbitration raising substantially similar claims and are represented by the same or coordinated counsel, the demands will be administered in staged batches of no more than fifty (50) at a time. The parties will cooperate in good faith with the administrator to implement the batching, and the applicable statute of limitations is tolled for claims awaiting a later batch. This Section is intended to promote efficiency and does not waive any party’s rights.

24.9 Changes to this Section. If we make a material change to this Section 24 after you accept these Terms, the change will not apply to any dispute for which we had actual notice before the change took effect, and you may reject the change by notifying us at admin@joinpaira.com within thirty (30) days of the change.

24.10 Survival. This Section 24 survives termination of your account and of these Terms.

25. Governing Law and Venue

These Terms and any dispute arising out of them or the Services are governed by the laws of the State of Michigan, without regard to its conflict of laws principles, except that the Federal Arbitration Act governs Section 24. Nothing in this Section deprives you of the protection of any mandatory consumer protection law of the state in which you reside. For any dispute not subject to arbitration, the state and federal courts located in Wayne County, Michigan have exclusive jurisdiction, and each party consents to jurisdiction and venue there and waives any objection based on forum non conveniens, except that you may bring an individual claim in small claims court in the county where you reside. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

26. Changes to These Terms

We may update these Terms. If a change is material, we will give you notice in the app or by email at least fourteen (14) days before it takes effect, and we will ask you to accept the updated Terms before you continue to use the Services. For changes that are not material, we will update the effective date at the top of these Terms. If you do not accept a material change, you may stop using the Services and delete your account, and Section 9.6 applies to any subscription you hold. Changes do not apply retroactively to a dispute of which we had actual notice before the change took effect.

27. California Residents

If you are a California resident and a complaint is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

28. General

28.1 Entire agreement. These Terms, together with the Privacy Policy, the Cookies Policy, and any additional terms presented to you for a specific feature or event, are the entire agreement between you and Paira regarding the Services.

28.2 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, severed, and the remaining provisions will remain in effect. Section 24.5 is governed by its own terms.

28.3 No waiver. Our failure to enforce any provision is not a waiver of it.

28.4 Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, financing, or sale of assets, or to an affiliate.

28.5 No agency. These Terms do not create a partnership, joint venture, employment, or agency relationship between you and Paira.

28.6 Force majeure. Neither party is liable for a failure or delay caused by events beyond its reasonable control.

28.7 Electronic communications. You consent to receive communications from us electronically, and you agree that electronic notices, disclosures, and agreements satisfy any legal requirement that they be in writing. You consent to the use of electronic signatures and records.

28.8 Interpretation. These Terms will not be construed against either party by reason of authorship. Headings are for convenience only.

29. Contact

Paira Technologies, Inc.
4444 2nd Avenue, PMB #3069
Detroit, Michigan 48201
United States
Telephone: 1-844-484-4419
Email: admin@joinpaira.com