END USER LICENSE AGREEMENT AND TERMS OF USE

Effective as of March 3, 2022

THIS END USER LICENSE AGREEMENT AND TERMS OF USE (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (“END USER”, “YOU”, OR “YOUR”) AND BIZBOXES, LLC (“WE”, “US”, “OUR” OR “BIZBOXES”). THIS EULA GOVERNS YOUR ACCESS AND USE OF THE ZIGIT MOBILE APPLICATION, THE ZIGIT WEBSITE (WWW.ZIGIT.APP) AND OTHER RELATED SITES AND SERVICES (INCLUDING ALL RELATED DOCUMENTATION, COLLECTIVELY, THE “APP” OR “LICENSED APPLICATION”) AND PROVIDES IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS. BY USING THE APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU ARE NOT ENTITLED TO USE THE APP AND MUST DE-INSTALL THE APP FROM ALL OF YOUR DEVICES.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT BIZBOXES IS NOT ENGAGED IN OR RESPONSIBLE FOR THE ADVERTISING, SALE, SERVICE, DISTRIBUTION AND/OR DELIVERY OF ALCOHOLIC BEVERAGES.

BIZBOXES IS WILLING TO PROVIDE ACCESS AND USE OF THE APP TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS IN THIS EULA, AND THE PRIVACY POLICY (www.zigit.app/privacy). BY ACCESSING AND/OR USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND ASSOCIATED POLICIES; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT AND AT LEAST 18 YEARS OLD OR ABOVE THE LEGAL AGE TO PURCHASE THE CONTROLLED ITEMS YOU WILL PURCHASE BY WAY OF THE APP; AND (D) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE APP.

1. App Purpose

The App provides a mobile platform for the purpose of connecting consumers to retailers who engage in the advertising, sale, fulfillment, distribution and/or delivery of alcoholic beverages (whose sale, delivery and use must comply with government, retailer, venue or local restrictions and regulations, or controls, which may include age-restriction.).

The App assists the retailer with age verification and requires an initial end user enrollment that includes scanning your government issued identification, collection of various biometric authenticators (face scan, fingerprint, palm or voice) and id authentication (through a third-party provider). The biometric authenticators are used during the check-out process to re-authenticate identity at time of purchase.

All orders initiated through the App are accepted, reviewed, and ultimately fulfilled by the applicable retailers, and not Bizboxes. Any alcoholic beverage’s advertising, sales, fulfillment, distribution and/or delivery services conducted through the App for, and related to, a specific retailer, as well as any activities related to dispensing boxes (“Box” or “Boxes”) are solely transacted between you and the associated retailers from the location of the Box that you engage while using the App. Bizboxes itself does not make available, provide or sell alcoholic beverages. Bizboxes also does not provide any aspect of alcoholic beverage fulfillment, distribution or delivery services and is not a licensed alcohol distributor or retailer. Bizboxes makes no representation as to any laws, rules or regulations of any jurisdiction regarding the advertising, sale, fulfillment, distribution and/or delivery of alcoholic beverages to any consumer, including you. It is the responsibility of the retailer to verify your location, age, and to determine whether it is legal and otherwise safe and appropriate to sell and furnish you with alcoholic beverages. The retailer may specify additional terms for any such transactions, can require additional verification outside of the App at the time of purchase and can deny you the right to purchase alcoholic beverages for any reason and at any time. It is your responsibility to ensure that you are only using the App if you are legally allowed to buy alcoholic beverages available through the App where you are located.

2. Grant and Scope of License

Subject to the terms of this EULA, Bizboxes hereby grants you a revocable, non-exclusive, non-assignable, non-transferable, limited license, without the right to sublicense, to install and use, in accordance with the terms of this EULA, the App on any iPhone (or iPod, iPad or other Apple device that has access to download the App) that you own or control (the “License”) and as permitted by the Usage Rules set forth in the Apple App Store Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Licensed Application on any iPhone or other device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time.

This License does not grant any rights to obtaining future upgrades, updates, enhancements, or supplements of the Licensed Application. If upgrades, updates, enhancements, or supplements of the Licensed Application are obtained, however, the use of such upgrades or updates is governed by this EULA and any amendments to it unless other terms accompany the upgrades, updates or supplements in which case those terms apply. The Licensed Application is licensed, and not sold, to you under this EULA. You have no ownership rights in the Licensed Application or any related documentation. Bizboxes retains all right, title, and interest in and to the Licensed Application (including any changes, modifications, or corrections thereto) and any related documentation.

3. Fees, Pricing and Payment

All product transactions conducted through the App are between you and Bizboxes’ customer, the retailer. Alcoholic beverage pricing is established at the retailer’s sole discretion. Any product promotions or discounts are also controlled strictly by the retailer. Bizboxes may charge service or transaction fees related to initial enrollment, account activation, annual renewal, or other related services. Bizboxes may change the App related fees in our sole discretion.

When you enroll in the App, Bizboxes collects your credit or debit card information which is transferred and securely stored by a third-party payment processor for use by the retailer when there is a transaction. When you initiate an order transaction, the third party will charge your credit or debit card. By agreeing to these terms, you authorize Bizboxes to collect and send instructions to the third-party payment processor and authorize the third party to send instructions to the financial institution that issued your card to take payments from your card account on behalf of the retailer. Payment processing by third parties may be subject to separate terms and conditions.

4. Restrictions

The Licensed Application is protected by copyright law and international treaty provisions. You acknowledge that you understand that the App may contain proprietary trade secrets of Bizboxes. You acknowledge that you shall not:

Use the App in any way that fails to comply with applicable law, including, but not limited to, federal, state and local laws pertaining to the purchase, distribution and/or transfer of alcoholic beverages . This includes trying to use the App when not at the legal age to buy an alcoholic beverage(s) or while intoxicated;
Copy the App or tamper with, remove or otherwise attempt to defeat any security or authentication system used by Bizboxes in the App to copy or modify the App in any way;
Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;
Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to (by any means whatsoever) the source code, underlying ideas, underlying user interface techniques, or algorithms of the App or any part thereof;
Remove, delete, disturb, hide, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App; or
Use the App in any situation where such use could lead to death or serious bodily injury of any person, or to severe physical, environmental, or financial damage.

Any attempt by the End User (you) to do any of the above or other illegal activities by way of the App is in violation of this EULA and will immediately void your rights to use the App. Bizboxes reserves the right to disable any end user access or accounts for any reason at any time.

5. Intellectual Property

You acknowledge and agree that the right to access and use the App is provided as a services offering, and not sold, to you. You do not acquire any ownership interest in the App under this EULA, or any other rights thereto other than to use the App in accordance with the rights granted, and subject to all terms, conditions, and restrictions, under this EULA. Bizboxes and its licensors, vendors, associated retailers and service providers reserve and retain their rights, title, and interest in and to the App, including all copyrights, trademarks, and all other intellectual property rights therein or relating thereto. The App and its entire contents, features, and functionalities, including without limitation, all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof, are owned by Bizboxes, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, and/or other intellectual property or proprietary rights laws. The App and its content are copyrighted, and any unauthorized use of the App may violate copyright, trademark, and other laws, in addition to constituting a material breach of this EULA. There are several proprietary logos, service marks, trademarks, slogans, and product designations (collectively, “Marks”) found on the App. By making these Marks available on the App, Bizboxes is not granting you any rights to use the Marks in any fashion. Access and use of the App does not confer upon you any rights under any of Bizboxes’ or any third party’s intellectual property rights, including, without limitation, to the Marks. Marks may be used publicly only with prior written permission from Bizboxes or its third party licensors.

6. Registration, Collection and Use of Your Personal Information

In order to use the App, you will need to register for an account and complete enrollment. Each registration is for a single user only and cannot be used by any other third parties on your behalf.

By creating an account, you agree to:

provide a valid government issued identification for you (which includes your name, ID expiration, date of birth gender and address),
provide biometric information collected through a scan of (or access to pre-existing images of) your face, fingerprints, palms and / or a voice recording.
provide accurate, current and complete account information,
maintain and promptly update, as necessary, your account information,
maintain the security of your account credentials and App access, and
immediately notify us if you discover or otherwise suspect any security breaches related to the App or your account.

If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the App.

As part of your enrollment process in the App, Bizboxes collects a scan of your government issued identification as well as scans of your face and other biometric authenticators (including but not limited to fingerprints, palm scan and voice). The information from your identification (including your date of birth, ID expiration, gender and location information) and your biometrics are used in accordance with our Privacy Policy located at www.zigit.app/privacy.

BY GIVING US INFORMATION TO VERIFY YOUR IDENTIFY AND QUALIFICATION TO MAKE PURCHASES, YOU ALSO UNDERSTAND THAT YOUR IDENTITY MAY BE VERIFIED AGAINST GOVERNMENT, LOCAL OR SPECIFIC RETAILER WATCH-LISTS AND DATABASES.

8. Electronic Communications

By creating an account, you also consent to receive electronic communications from Bizboxes (e.g., via text, email or through the App). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via text or email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by contacting us at info@zigit.app .

9. Maintenance and Support

Any changes to your registration or enrollment information, or questions related to support, may be made by sending a message to us via the Support screen in the App or directly to info@zigit.app .

10. Geographic Restrictions

The App is provided for access and use only by persons who are of legal age to enter into a binding EULA in their jurisdiction of residence. If you are located outside of the United States, you acknowledge that you may not be able to access all or some of the App’s content and services, and that access thereto may not be legal by certain persons or in certain jurisdictions. If you access the App from outside the United States, you are responsible for compliance with local laws. In addition, Bizboxes is a US based company and as such any information collected could be requested and provided to any United States of America agency and applicable authorities and that by registering you explicitly authorize such a transfer. The products sold by retailers via the App are intended for immediate consumption by the individual enrolled in the App. You must not take the product outside of the retailer’s location or give or sell the product to other individuals.

11. Updates

Bizboxes may, but is not obligated, to provide upgrades, error corrections, updates, or other modifications to the App (collectively “Updates”), including automatically installing Updates to the App. Updates may also modify or delete in their entirety certain features and functionality. You agree that Bizboxes may modify the App, even after it has been installed, with or without your knowledge. You consent to the automatic installation of the Updates and agree that you will only use the most recent, updated version of the App provided to you by Bizboxes. You agree that all Updates will be deemed part of the App, and your continued access and use of the App indicates your express consent to all terms and conditions of this EULA.

In addition, Bizboxes reserves the right to modify this EULA and to add new or additional terms or conditions on your use of the App from time to time in its sole discretion. Such modifications and additional terms and conditions will be effective immediately and incorporated into this EULA. Your continued use of the App will be deemed acceptance thereof.

11. Third-Party Information

The App may display, include, or make available third-party content (including but not limited to data, retailer information, product information and images, Box information and images, venue locations) (“Third-Party Information”). You acknowledge and agree that Bizboxes is not responsible for Third-Party Information, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Bizboxes does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Information. Third-Party Information is used by retailers solely as a convenience to you, to help you better understand and make order selections and decisions and you use them entirely at your own risk and subject to such third parties’ terms and conditions. You must comply with applicable third-party terms of agreement when using the App.

12. Term and Termination

The term of this EULA commences when you first access and/or use the App and will continue in effect until terminated by you or Bizboxes as set forth in this Section. You may terminate this EULA at any time by terminating all access to, and discontinuing your use of, the App. This includes de-installing the App from your device. Bizboxes may terminate this EULA at any time without notice if it ceases to support the App, which Bizboxes may do in its sole discretion. Bizboxes may terminate your access and use of the App in its sole discretion. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this EULA. Upon termination of this EULA:

All rights granted to you under this EULA shall immediately terminate; and
You must cease all use of the App and delete all copies of the App from your device(s) (if requested by Bizboxes, you must also certify to Bizboxes that such deletion has occurred).

Termination will not limit any of Bizboxes’ rights or remedies at law or in equity. Sections 1, 4, 5, 6, 9, and 11-22 shall survive after termination.

13. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BIZBOXES, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, LICENSORS, THIRD PARTY PARTNERS AND RETAILERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, BIZBOXES PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS (INCLUDING FAULTY DISPENSING OR INCORRECT SALES TRANSACTIONS), BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR-FREE, THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT THE OPERATION OF THE APP WILL NOT AFFECT OR HARM YOUR MOBILE DEVICE OR OTHER SOFTWARE, APPS, SYSTEMS, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU; BIZBOXES PROVIDES NO WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND THAT THE RETAILERS HAVE FULLY COMPLIED WITH FEDERAL, STATE, OR LOCAL LAWS PERTAINING TO THE SALE, ADVERTISING, DISTRIBUTION AND/OR DELIVERY OF ANY ALCOHOLIC BEVERAGES AVAILABLE ON THE APP.

YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY ACCESSING AND/OR USING THE APP, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES PROVIDED IN CONNECTION THEREWITH, AND AGREE, TO EXTENT PERMITTED BY APPLICABLE LAW TO:

ACCEPT AND ASSUME ANY AND ALL RISKS OF DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF BIZBOXES OR OTHERWISE; AND
EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST BIZBOXES AND ALL OTHER RELEASEES ARISING OUT OF OR ATTRIBUTABLE TO THE ACCESS AND/OR USE OF THE APP. YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST BIZBOXES OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE BIZBOXES AND ALL OTHER RELEASEES FROM LIABLITY UNDER SUCH CLAIMS.
EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST BIZBOXES AND ALL OTHER RELEASEES ARISING OUT OF OR ATTRIBUTABLE TO THE REGULATION AND CONTROL OF ALCOHOLIC BEVERAGES AND
BY ACCEPTING THIS EULA HEREBY ACKNOWLEDGE THAT BIZBOXES HOLDS NO FEDERAL, STATE OR LOCAL LIQUOR LICENSES, BIZBOXES IS NOT REQUIRED TO HOLD ANY SUCH LICENSES AND BIZBOXES DOES NOT HANDLE THE MANUFACTURING, BOTTLING, SELLING OR DELIVERY OF ANY ALCOHOLIC BEVERAGES .

14. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL BIZBOXES OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS, CONSULTANTS, CONTRACTORS, AFFILIATES, LICENSORS, RETAILERS, PARTNERS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “RELEASEES” or “INDEMNIFIED PARTIES”) HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS EULA OR YOUR USE OF OR INABILITY TO USE THE APP FOR:

PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMMERCIAL DAMAGES OR LOSSES, COMPUTER OR DEVICE (PHONE) FAILURE OR MALFUNCTION, OR THE ORDER, RECEIPT, OR USE OF ANY PRODUCT OR SERVICE OR OTHERWISE RELATED TO THIS EULA (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED FROM EVENTS BEYOND BIZBOXES’ REASONABLE CONTROL) OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, MULTIPLE, OR PUNITIVE DAMAGES; AND
DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP (COLLECTIVELY, “DAMAGES”). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR BIZBOXES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS EULA OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

In no event shall Bizboxes’ total liability to you for all damages exceed the amount of five dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

15. Force Majeure

You acknowledge that Bizboxes relies on third-party providers in the delivery of the App, the content and services provided in connection therewith, including, without limitation, biometric authenticators and third-party payment processors. In addition, the App requires Bluetooth and wireless data network connectivity through your smart phone device. You agree that Bizboxes shall not be liable for, and to hold Bizboxes harmless for any losses, damages, or interruptions sustained as a result of interruptions caused by third-party and network providers.

16. Indemnification

You undertake to indemnify and hold Bizboxes, and all other Releasees (collectively the “Indemnified Parties”) harmless from and against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees and expenses, suffered or incurred by the Indemnified Parties as a consequence of any claims or proceedings made or brought against the Indemnified Parties by any person in connection with your use of the Licensed Application or your purchase or use of alcoholic beverages.

17. Controlling Law and Venue

This EULA will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You agree to the jurisdiction of the state and federal courts located in Delaware, regarding any disputes arising under this Agreement.

18. Arbitration and Class Action Waiver.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH BIZBOXES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. YOU AND BIZBOXES AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THIS EULA OR THE APP SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES. Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under the EULA that a court can award under the EULA. You and Bizboxes agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. Bizboxes further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to the EULA, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Bizboxes are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the EULA and the termination of your use of the services. REGARDLESS OF THE FORUM, YOU AND BIZBOXES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Bizboxes agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

19. DMCA

Bizboxes respects the intellectual property rights of others and expects its users to do the same. We will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (www.copyright.gov/legislation/dmca.pdf). If you believe that content hosted on the App infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to us as follows:

Bizboxes, LLC

Attn: DMCA representative

3145 E. Chandler Blvd., Suite 110, PMB 335

Phoenix, AZ 85048-8702

info@zigit.app

Your notice must

Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material.
Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
Include your name, mailing address, telephone number and email address.

20. Complete Agreement and Severability

This EULA and our Privacy Policy constitute the entire EULA between you and Bizboxes with respect to the App and supersede all prior or contemporaneous understandings and EULAs, whether written or oral, with respect to the App.

If any provision or portion thereof of this EULA is found by a court of competent jurisdiction to be unenforceable, that provision or portion thereof shall be severed from this EULA, and the remainder of this EULA shall continue in full force and effect.

21. App Marketplaces.

The App shall be majority deployed via the Apple AppStore and Android Marketplace. Use of the App is subject to terms and conditions imposed by the host environment, Apple Inc., and/or Google LLC, respectively. You shall reasonably cooperate with Bizboxes’ efforts to comply with such terms. This EULA is concluded between Bizboxes and End User only, and not with Apple. As between Bizboxes and Apple, Bizboxes is solely responsible for the App and the content thereof. You and Bizboxes acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with regard to the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and upon the End User’s acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End User as a third party beneficiary thereof. Bizboxes, not Apple, is solely responsible for the Bizboxes App and the content thereof, and Bizboxes shall be responsible for addressing any claims of the End User or any third party relating to the Bizboxes App or End User’s possession and/or use of the Bizboxes App, including, but not limited to: (i) product liability claims; (ii) any claim that the Bizboxes App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third party claim that the Bizboxes App or End User’s access and/or use of the Bizboxes App infringes that third party’s intellectual property rights, Bizboxes, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. End User represents and warrants that: (a) it is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) it is not listed on any U.S. Government list of prohibited or restricted parties. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Bizboxes App. In the event of any failure of the Bizboxes App to conform to any Applicable warranty, End User may notify Apple, and Apple will refund the purchase price for the Bizboxes App to End User; and, to the maximum extent permitted by Applicable law, Apple will have no other warranty obligation whatsoever with respect to the Bizboxes App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Bizboxes’ sole responsibility.

22. Contact

If you have any questions, comments or claims regarding this EULA or the App, please contact us at 3145 E Chandler Blvd, Suite 110, PMB 335, Phoenix, AZ 85048-8702, (970) 688-0288, info@zigit.app .