govern your rights to use and access:
Robin, a robot companion developed by us, including use of and access to Robin’s hardware, software, content, functionality, and features, as well as the Services provided by or through Robin (the Services provided by or through Robin, the “Robin Services”, and collectively, including the Robin Services, “Robin”) by you, as “Client” or third persons through you, as “Client Users”; Our website, www.expper.tech, all subdomains thereof, the social media accounts, pages, and other online platforms we operate related to Expper generally or Robin specifically (collectively, the “Site”) as well as other software and services we make available to you (collectively including the Site, the “Services”), whether as a guest, Client, or a registered user.
References herein to “you”, “your”, or “yours” shall refer to you; in the case of Client, it shall also refer to Client Users, as relevant. References herein to users shall mean guests, Clients, Client Users, and registered users.
THESE TERMS INCLUDE: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF ROBIN OR THE SERVICES.
Robin is a robot companion for children which aims to emotionally support children by creating positive experiences through telling stories, engaging in various activities, playing games, and interacting with children. When individuals interact with Robin, they are interacting with the software embedded in Robin and the artificial intelligence and human persons who support the operation of and interaction with Robin. The operation of Robin is controlled and monitored by a certified child life specialist.
Robin has sensors, including audiovisual sensors such as a camera and microphones, which allow it to see, hear, and otherwise sense its surroundings; this “Content” (defined below) is later transmitted to and processed by artificial intelligence and human persons. Robin’s voice, speech, and other interaction features are enabled and supported by artificial intelligence and human persons.
Robin does not provide any kind of advice, treatment, or professional services, including, without limitation, medical, therapeutic, psychiatric, psychological, or other advice, treatment, or services, and shall not be used or relied on for any such or similar purpose. The sole purpose of Robin is to seek to create positive experiences through interaction.
Use of Robin
Robin, including its hardware, software, content, functionality, features, and all of the Robin Services, are and shall remain property of Expper, its licensors, or designated third parties. No rights toward Robin are granted to any person or entity except as explicitly provided hereunder. To obtain access to and use of Robin, you shall register with Expper as a Client, affirm consent to the present Terms, and assume payment obligations as provided hereunder or otherwise as presented by Expper (each, “Client”). No user other than Clients, and Client Users through Client, shall have access to and use of Robin. Subject to these Terms, as Client, we grant you a lease toward Robin’s hardware, which lease is not subject to assignment, sublease, or other transfer; and we further grant you a limited, non-exclusive, non-sublicensable, non-transferable right to access and make non-commercial of the Robin Services, except as expressly authorized hereunder. Access to and use of Robin, including the Robin Services, shall be limited to Client’s physical premises as agreed upon in writing with Expper.
Access to and use of Robin shall be for non-commercial purposes, and Robin shall not, in whole or in part, be sold, resold, subleased, rented, assigned, transferred, sublicensed, or otherwise exploited for commercial purposes or commercial gain or otherwise made available to third parties, except as expressly authorized hereunder. Notwithstanding the foregoing, the Client may use Robin as part of its regular business operations in line with the original purpose of Robin, namely, seeking to emotionally support its Client Users.
Adult supervision is required when children interact with Robin in order to avoid children harming themselves or the property around them. For example, as a result of playing with Robin, a child may push and pull on Robin, try to climb on top of or saddle Robin, hit Robin, disintegrate Robin, as a result of which Robin may topple over, fall on, or roll on the child, certain elements of Robin such as internal mechanisms may be exposed to the child, Robin may touch or impact property, or the child’s or other person’s use of Robin may otherwise hurt oneself or any property.
Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your or your Client Users’ access to and use of Robin and the Services. As Client, you agree that it is your responsibility, and not the responsibility of Expper, to ensure that you comply with any applicable laws when you or your Client Users access or use Robin and the Services. Such laws and regulations may include, without limitation, obtaining prior written consents from, and/or providing advance notice through appropriate signage to, Client Users that Robin may be gathering audiovisual and other content and transmitting the same for processing by artificial intelligence or human persons. If your access and use of Robin and the Services is prohibited by applicable laws, then you are not authorized to use Robin or the Services. We cannot and will not be responsible for your access to or use of Robin or the Services that in a way that violates applicable law.
Upon termination of the lease and license provided by this section of the Terms, Client shall return Robin to Expper in the state that it had received Robin, normal wear and tear excepted. Client shall not be liable for damage caused to Robin by Client Users or otherwise unintentional damage caused to Robin by the staff of Client. Subject to the Support Policy, Client shall be responsible for the loss, malfunctioning, or damage to Robin.
Support and Maintenance of Robin
For as long as Client’s lease and license toward Robin and the Robin Services are in effect in accordance with these Terms, Expper is committed to ensuring the proper support and maintenance of Robin at its sole expense (“Support Policy”). Expper shall troubleshoot and seek to correct, within a reasonable time, any hardware or software issues that prohibit the proper functioning of Robin; provided, however, that such issues that were direct or indirect caused by negligent, reckless, or malicious interaction with, maintenance of, storage of, or other action or omission toward Robin and the Robin Services by Client or Client Users shall not be covered by the Support Policy, to be determined at the sole discretion of Expper. For the avoidance of doubt, hardware or software issues that arise or are discovered through proper, reasonable, and intended interaction with Robin shall be within the scope of the Support Policy, whereas negligently, recklessly, or maliciously caused damage to Robin shall be outside the scope of the Support Policy, each to be determined at the sole discretion of Expper.
Client hereby agrees to notify Expper as soon as practical when Client knows or should know of issues that compromise the normal functioning of Robin or the Robin Services and shall fully and reasonably cooperate with Expper in discovering the circumstances and source of such issues.
Expper’s Support Policy hereunder is subject to these Terms, including the terms on Updates, limitation of liability, and disclaimer of warranties. If Expper is unable to support and maintain Robin as provided hereunder, then Client’s exclusive remedy shall be a refund of any monies paid to Expper for any duration when Robin’s malfunctioning was due to a hardware or software issue covered by the Support Policy. Expper has a right to set off any monies owed to it by Client (including, without limitation, as a result of loss, malfunctioning, or damage to Robin not covered by the Support Policy) against any monies that are owed to Client by Expper.
Payments and Refunds
Fees and prices for access to and use of Robin and the Services, as well as return and refund policies, shall be provided by Expper through its Site or other written documentation. In case of a conflict between these Terms and the more specific terms provided by Expper elsewhere on the Site or other written documentation, then the more specific terms in the latter shall control. Payments will be processed through a third-party vendor, and the processing of such payments, refunds, accuracy of payment methods and related matters are also subject to the policies of such vendors.
All payment information (such as debit or credit card information) that you provide to Expper must be accurate, active, and complete. By accessing and using Robin or the Services, you authorize us to charge your account for monies owed by you to Expper in accordance with these Terms. You hereby represent and warrant that your use of the payment information is legal, that you have the right to use such payment information as a way to pay for your use of Robin or the Services. If upon the termination of these Terms toward you, you owe monies related to your use of Robin or the Services, then you agree to pay such monies, and you agree for us to take all necessary and reasonable steps to that effect.
License Grant for Services other than Robin Services
Subject to these Terms, other than as a Client, Expper grants you a limited, non-exclusive, non-sublicensable, and non-transferable license to access and use the Services for your personal, non-commercial use on a computer, tablet, smartphone, mobile device, or any electronic device owned or otherwise controlled by you (“Device”) strictly in accordance with these Terms and Expper’s documentation; and (b) access, stream, download, and use on such Device the Services in accordance with these Terms.
Lease and License Restrictions
You shall not: (a) duplicate or otherwise copy Robin or the Services, except as expressly permitted by these Terms; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of Robin or the Services; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code or hardware of Robin, the Services, or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices or other warnings and noticed from Robin or the Services, including any part or copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available Robin, or any content, features, or functionality of Robin, or the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time, except as expressly authorized by these Terms; (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting Robin or the Services; or (g) use Robin or the Services in, or in association with, the design, construction, maintenance, or operation of any hazardous, emergency, life-threatening, high-risk, and/or high-stake environments or systems, including, without limitation, any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
Collection and Use of Your Information
We are always trying to improve Robin and the Services, so they may change over time. We may from time to time in our sole discretion develop and provide updates for Robin and the Services and/or otherwise make changes to all or parts of Robin and/or the Services, which may include hardware upgrades, software upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular hardware, software, content, features, functionality, or service, and we take no responsibility for any material that is lost, damaged, or deleted. Notwithstanding the foregoing, for the term of Client’s lease and license toward Robin and the Robin Services, Expper commits to support and maintaining Robin with the same or similar content, features, functionality, or services as was delivered, subject to these Terms.
All such Updates shall be automatically incorporated into Robin and the Services. Should any action on your part be reasonably required to effect such Updates, you shall promptly incorporate all such Updates and acknowledge and agree that Robin, the Services, or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of Robin and the Services and be subject to all terms and conditions of these Terms.
Intellectual Property Rights
Robin, the Services, and its and their entire contents, features, functionality, and services (including but not limited to any and all information, hardware, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, user accounts, titles, computer code, themes, objects, avatars, avatar names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into Robin and/or the Services) are owned by Expper, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Expper name, the names and application icons of Robin, the Expper and Robin logo and all related names, logos, product and service names, designs and slogans are trademarks of Expper or its affiliates or licensors. You must not use such marks without the prior written permission of Expper.
You may use Robin and the Services only for lawful purposes and in accordance with these Terms. You agree not to use Robin or the Services in a manner that: (i) violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) infringes or violates the intellectual property rights or any other rights of anyone else (including us); (iii) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (iv) attempts, in any manner, to obtain the password, account, or other security information from any other user; (v) violates the security of any computer network, or cracks any passwords or security encryption codes; (vi) exploits, harms or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (vii) transmits, or procures the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (viii) sends, knowingly receives, uploads, downloads, uses or re-uses any material which does not comply with the Content requirements set out in these Terms; (ix) impersonates or attempts to impersonate Expper, an Expper employee, another user or any other person or entity; or (x) engages in any other conduct that restricts or inhibits anyone’s use or enjoyment of Robin or the Services, or which, as determined by us, may harm Expper or users of Robin or the Services or expose them to liability.
Additionally, you agree not to use Robin or the Services in any manner that could disable, overburden, damage, or impair Robin or the Services or interfere with any other party's use of Robin or the Services, including their ability to engage in real time activities through Robin or the Services; use any robot, spider or other automatic device, process or means, or any manual process, to access Robin or the Services for any purpose, including monitoring or copying any of the material on Robin or the Services or for any other unauthorized purpose without our prior written consent; use any device, software or routine that interferes with the proper working of Robin or the Services; introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Robin or the Services, the hardware and/or server on which they run, or any server, computer, Device, or database connected to Robin or the Services; or otherwise attempt to interfere with the proper working of Robin or the Services. We also do not recognize and cannot be forced to recognize the transfer or assignment of any lease of Robin, and any such attempt shall be void. We cannot assume responsibility for any such transaction.
When you, as Client, or your Client Users, access, use, or otherwise interact with Robin, Client and Client Users submit certain content to us which is gathered by Robin and transmitted to Expper for processing and support by artificial intelligence and/or human persons. Otherwise, during your use of our Services, you may post content on our Site, including social media platforms, or otherwise share or submit content on or through our Services. Such content means all audio, video, images, text, or other types of content gathered by Robin or provided to us or through us (including content posted by you) in connection with the Services (Content provided to or through Robin, the “Robin Content”; and collectively, “Content”).
You are solely responsible for all of your Content, and Clients are responsible for all Robin Content of said Client and Client Users. You represent and warrant that: (i) you own the intellectual property rights in Content posted by you or otherwise have the right to post the Content and grant the license set forth below, and (ii) the posting and use of your Content on or through Robin or the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person.
In addition to the rights granted above, you also acknowledge and agree that Expper may access, use, preserve, and/or disclose your Content to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if we have a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with applicable law, regulation, legal process or reasonable governmental request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud, harassment, or technical issues; or (d) protect the rights, property or safety of Expper, its users, a third party, or the public as required or permitted by law. Deleted Content may be stored by Expper in order to comply with certain legal obligations and are not retrievable without a valid court order.
We respect the intellectual property rights of others and expect our users to do the same. Content found to be infringing on the intellectual property rights of others will be removed in accordance Digital Millenium Copyright Act of 1998. If you believe copyright is being unlawfully infringed upon by a user(s) on or through Robin and/or the Services, and if you have the authority to act (e.g., you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright), then please report the alleged copyright infringements taking place on or through Robin and/or the Services by completing the following notice in accordance with 17 U.S.C. § 512(c) and delivering it to our Designated Copyright Agent. Upon receipt of the notice as described below, we will take whatever action we deem appropriate in our sole discretion, including removal of the infringing material from Robin and/or the Services. The notification must include the following information: (i) identify the copyrighted work(s) that you claim has been infringed; (ii) identify the infringing material which you request us to removed; (iii) provide your mailing address, telephone number, and e-mail address; (iv) include a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; (v) include a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner; and (vi) provide your full legal name and your physical or electronic signature.
Expper Technologies, Inc. Copyright Agent to receive such notifications is:
2035 Sunset Lake Rd., Suite B-2, Newark, Delaware 19702
+1 415 851 2583
Pursuant to 17 U.S.C. §512(f), the complaining party is subject to liability for any costs, attorney’s fees, and damages incurred by us in connection with the notification if the notification contains any misrepresentation of material fact.
Reliance on Information Posted
The information presented on or through Robin and/or the Services is made available solely for general information or entertainment purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you of Robin and/or the Services, or by anyone who may be informed of any of its contents.
We provide Robin and the Services for access and use only by persons and entities located in the United States. We make no claims that Robin, the Services, or any of its and their content, features, or functionality is accessible or appropriate outside of the United States, and you acknowledge that you may not be able to access and use Robin or the Services, in whole or in part, outside of the United States. Access to Robin and the Services may not be legal by certain persons or in certain countries. If you access Robin and the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
YOUR USE OF ROBIN AND THE SERVICES IS AT YOUR OWN RISK. ROBIN AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXPPER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VENDORS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO ROBIN AND THE SERVICES, 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, EXPPER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE COMPLETENESS, SECURITY, TIMELINESS, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ROBIN AND THE SERVICES, OR THAT THE SAME ARE ACCURATE, RELIABLE, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, DEVICES, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE VIRUS- OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT ROBIN, THE SERVICES, OR THE SERVER THAT MAKES THESE AVAILABLE ARE FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS OR THAT ROBIN OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. FURTHER, EXPPER DOES NOT WARRANT ANY HARM TO YOUR COMPUTER SYSTEM AND/OR DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF ROBIN AND THE SERVICES, OR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY EXPPER. FURTHER, EXPPER DOES NOT WARRANT THE QUALITY, SAFETY, SUITABILITY, RELIABILITY, OR AVAILABILITY OF ANY PRODUCTS, GOODS, AND/OR SERVICES OBTAINED BY YOU FROM THIRD PARTIES THROUGH EXPPER. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND/OR USE OF ROBIN, THE SERVICES, AND ANY THIRD PARTY PRODUCTS, GOODS, AND/OR SERVICES, REMAINS SOLELY WITH YOU.
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.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EXPPER OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VENDORS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ROBIN AND THE SERVICES OR SUCH OTHER ITEMS OBTAINED FROM OR THROUGH EXPPER, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF ANY GRIEVANCE, ACTION, OR COMPLAINT IN REGARDS TO ROBIN AND THE SERVICES, OR ANY ITEMS OBTAINED FROM OR THROUGH EXPPER, OR BREACH BY US OF THESE TERMS IS TO DISCONTINUE YOUR USE OF ROBIN AND THE SERVICES. NOTWITHSTANDING ANYTHING CONTRARY IN THESE TERMS, OUR (AND OUR AFFILIATES’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (UNDER ANY LEGAL THEORY, CAUSE, OR GROUND, WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO THE AGGREGATE AMOUNT EXPPER HAS ACTUALLY RECEIVED FROM YOU, IF ANY, DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GIVES RIGHT TO YOUR DAMAGE, OR FIFTY US DOLLARS ($50), WHICHEVER IS GREATER; NOTWITHSTANDING THE FOREGOING, EXPPER MAY, AT ITS OPTION, INSTEAD DECIDE TO REMEDY OR RE-PERFORM THE SERVICES. THIS LIMIT SHALL REMAIN IN EFFECT EVEN IF THERE IS MORE THAN ONE CLAIM.
THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT EXPPER HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
BY USING OR ACCESSING ROBIN AND THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Robin or the Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release Robin or the Services to, or make Robin or the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.
US Government Rights
Robin and the Services are commercial computer software and commercial items, as such terms are defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefore, you receive only those rights with respect to Robin and the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Governing Law and Jurisdiction
Arbitration, Dispute Resolution, and Class Action Waiver
Binding Arbitration. Any dispute or claim arising in any way from your use of Robin or the Services, except for disputes relating to the infringement of our intellectual property rights or the access or use of Robin or the Services in violation of these Terms, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if your claims qualify.
No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules. These rules can be found on the AAA website at www.adr.org.
Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address: [email protected] Expper will send any notice of dispute to you at the contact information we have for you.
Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Commercial Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Expper will pay all other AAA and arbitrator’s fees and expenses. Provided, however, that if you are a Client, you and Expper shall equally split all other AAA and arbitrator’s fees and expenses other than the filing fee.
Individual Basis and Waiver of Trial by Jury. To the fullest extent permitted by applicable law, you and Expper each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you acknowledge and agree that any controversy that may arise under these Terms is likely to involve complicated and difficult issues and, therefore, you and we irrevocably and unconditionally waive any right you or we may have to a trial by jury in respect of any legal action arising out of or relating to these Terms. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Expper each agree to the exclusive jurisdiction of the Federal and State courts located in the City of Los Angeles, State of California, and you and Expper each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
Opting Out. If you do not want to arbitrate disputes with Expper and you are an individual, you may opt out of this arbitration agreement by sending an email to [email protected] within thirty (30) days of the first of the date you access or use Robin or the Services.
Limitation on Time to File Claims
Waiver and Severability
You agree that a breach of these Terms will cause irreparable injury to Expper for which monetary damages would not be an adequate remedy and Expper shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
We may give notice to you by means of a general notice on our Site, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to [email protected] Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms, the licenses, and, if applicable, the lease granted hereunder may be assigned by Expper but may not be assigned by you without the prior express written consent of Expper, which may be withheld at Expper’s sole and absolute discretion. Any attempt by you to assign these Terms, the licenses, and, if applicable, the lease, without the prior written consent of Expper shall be null and void. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. The headings and captions contained herein will not be considered to be part of the Terms but are for convenience only. Expper’s and your rights and obligations that by their nature are intended to survive termination of the Terms shall so survive. In the event of any dispute hereunder, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable costs and attorneys’ fees.
Your Comments and Concerns
Robin and the Services are operated by Expper Technologies, Inc., a Delaware corporation with an address at 2035 Sunset Lake Rd., Suite B-2, Newark, Delaware 19702. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications relating to Robin and the Services should be directed to: [email protected]