PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. HomeField US, Inc., d/b/a Kibu (together with its affiliates, “HomeField,” “Kibu,” “we,” “us,” or “our”) provides an online fitness community and related products, services, content, and features through (i) our websites (including studio, support, boutique, and country-specific pages, the “Sites”); (ii) Kibu fitness studios (the “Studios”); (iii) our mobile, desktop, and device applications (including iOS and Android applications, the “Apps”); and (iv) HomeField-controlled social media pages (including Facebook, Instagram, Spotify, and X/Twitter). To make these Terms easier to read, the Sites and Apps, together with Kibu tablet and studio interfaces and Kibu-controlled social media pages, are collectively referred to as the “Kibu Service” or the “Services.” By registering as a member or by visiting, browsing, or using any part of the Services, and if your habitual residence is in the United States or Canada, you (a “User”) accept and agree to be bound by these Terms of Service (the “Terms”), which form a binding agreement between you and Kibu.

PLEASE READ: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER (SEE SECTION 20). EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 20 OR WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND HOMEFIELD US, INC., D/B/A KIBU (“KIBU”) WILL BE RESOLVED BY FINAL, BINDING, INDIVIDUAL ARBITRATION. YOU WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. YOU MAY HAVE A RIGHT TO OPT OUT OF ARBITRATION; SEE SECTION 22 FOR INSTRUCTIONS AND DEADLINES. If you do not agree to these Terms, do not access or use the Kibu Service. Certain elements of the Kibu Service may be subject to additional terms and conditions specified from time to time; your use of those elements is subject to those additional terms, which are incorporated herein by reference.

1. Eligibility; Age Requirements. You must be at least 18 years old (or the age of legal majority in your jurisdiction) to purchase a Kibu membership subscription and become a Membership Holder (as defined in the Membership Terms). Individuals under 18 may participate in Kibu classes only if they (i) have been cleared to participate by a family physician; (ii) have permission from, and are supervised by, a parent or legal guardian; (iii) comply with all safety precautions and instructions in the applicable user manual; and (iv) rest, hydrate, and modify as needed. We may, in our sole discretion, refuse to offer the Kibu Service to any person or entity and may change eligibility criteria at any time. You are solely responsible for ensuring that these Terms comply with all laws, rules, and regulations applicable to you, and your right to access and use the Kibu Service is revoked where such access or use is prohibited or would conflict with applicable law. The Kibu Service is offered for your personal, non-commercial use only and not for the benefit of any third party, except that, in lieu of individual memberships, an organization license granted to your organization permits internal, educational, data-tracking, or service-delivery uses solely as provided in that license.

2. License to Use the Kibu Service. Subject to your compliance with these Terms, and only while you are permitted to access and use the Kibu Service, Kibu grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Kibu Service for your personal, non-commercial purposes; this includes the right to view Content made available on the Kibu Service and to download and install a single copy of any Kibu mobile or desktop application (each, an App) onto one device that you own or control for personal, non-commercial home use, provided you keep intact all copyright and other proprietary notices. Kibu offers two license modes: an Individual License, which permits personal, non-commercial use by a single User, and an Organization License, which, if expressly granted to your organization in a separate agreement or order, permits internal, educational, data-tracking, and service-delivery uses within the organization across organization-managed devices solely as specified in that agreement or order. This license remains in effect until terminated by you or Kibu, or automatically upon your violation of these Terms. Except as expressly permitted in these Terms or in writing by an authorized Kibu representative, you will not, and will not permit any third party to, copy, reproduce, modify, adapt, translate, create derivative works of, publicly perform or display, transmit, distribute, sell, lease, lend, sublicense, or otherwise exploit the Kibu Service or any Content; decompile, reverse engineer, or otherwise attempt to derive the source code of any software in the Kibu Service; bypass, interfere with, or disrupt any security or access controls; take any action that could damage, disable, overburden, or impair the Kibu Service; or use the Kibu Service or any Content for any purpose other than your permitted personal, non-commercial use, or, for an Organization License, the internal uses expressly authorized for your organization. All rights not expressly granted by Kibu in these Terms are reserved.

3. Account Types and License Limitations. When registering for an account with Kibu, you must select an account type consistent with your intended use and user count. An Individual Account is for a single natural person’s personal, non-commercial use only and may not be shared, transferred, or made available to any other person; any sharing or transfer is a violation of these Terms and may result in immediate suspension or termination at our discretion. An Organization Account is for use by an organization (e.g., a company, school, or other entity) and includes a specified number of seat licenses, each of which is assigned to one individual user; the organization is responsible for managing seats and ensuring that actual users do not exceed the licensed quantity, and any overuse or misuse may result in additional fees, penalties, or termination as determined by us. By registering for and using the Kibu Service, you acknowledge and agree to these account and licensing restrictions; we may monitor usage for compliance and may request information or verification where misuse is suspected.

4. Privacy. Please review our Privacy Policy to understand what information we collect about you, how we use that information, and with whom we may share it.

5. Membership Requirements; Registration. To enjoy full access to the Kibu Service, you must register as a member and enter into a subscription for our live and on-demand classes, Content, and features (a “Subscription”). Your Subscription is also governed by our Membership Terms. You must provide complete and accurate registration information, complete the Subscription process, and promptly update us if your information changes; if your account information is not kept current, we may suspend or terminate your Subscription. Participation in our in-studio live classes is subject to additional fees that are separate from Subscription fees for our online Content. You must maintain an account on our studio website to sign up for in-studio classes or purchase studio memberships, but a Subscription is not required. Additional information about in-studio class packs and memberships is available on our studio website. You may not use another person’s name, or any name, location, profile information, or image that violates third-party rights or law, or that we deem offensive, obscene, or otherwise objectionable in our sole discretion. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard your password and, if you use a device others can access, log out after using the Kibu Service. If you become aware of unauthorized access to your account, change your password and notify our Support team immediately.

6. Membership Structure and Fees We provide information about our then-current in-studio membership and Subscription requirements on the Kibu Site and through other parts of the Kibu Service. Membership features and prices are subject to change at any time.

7. Sale of Products. We accept orders for Kibu equipment, apparel, and accessories offered through the Kibu Site or at Kibu locations; product availability cannot be guaranteed. Product, service, and other information are subject to correction and change without notice, and advertising depictions, graphics, and diagrams are illustrative only and may not reflect actual products or component availability; colors, styles, and other variants shown are for illustration only and may change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct errors, inaccuracies, or omissions. Unless otherwise specified at purchase, you must pay when you place your order; all products will be delivered to the shipping address you provide. We may cancel any order at any time and for any lawful reason prior to shipment; if we cancel after you have paid, we will refund any amounts you prepaid for the canceled products. We may send an acknowledgment of receipt of your order to the email address you provide and/or provide proof-of-purchase information through the Kibu Site after your payment has been processed. Apparel purchases are final and not eligible for return or exchange, except where required by law.

8. Termination; Account Deletion. These Terms begin when you first use the Kibu Service and continue while you have an account with us and/or continue to use the Kibu Service. We may, in our sole discretion, suspend, disable, or delete your account (in whole or in part) and/or block or remove any User Content for any lawful reason, including if we determine you have violated these Terms or your conduct or User Content could harm our reputation or goodwill; if we delete your account, you may not re-register or use the Kibu Service under any other username or profile, and we may block your access to prevent re-registration. Upon termination of these Terms or deletion of your account, all licenses we granted to you terminate; the following provisions survive: Privacy (Section 4), User Content (Section 9), Indemnification (Section 13), No Warranties (Section 16), Limitation of Liability (Section 17), Safety Warnings (Section 18), Intellectual Property (Section 20), Arbitration Requirement & Class Action Waiver (Section 22), Governing Law and Jurisdiction (Section 21), and all general provisions intended to survive. If your account is deleted for any reason, User Content may no longer be available, and we are not responsible for any deletion or loss of such content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the Kibu Service; from time to time, we may, in our discretion, make a very limited amount of Content or features available to non-subscribers, and any such use remains subject to these Terms.

9. User Content. “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and other materials made available through the Kibu Service; “User Content” means any Content that users (including you) provide for availability through the Kibu Service, and Content includes User Content. Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated it; you represent that all User Content submitted by or for you is accurate, complete, current, and compliant with these Terms and all applicable laws. You access all Content (including User Content) at your own risk, and you are solely responsible for any damage or loss to you or others that results; to the fullest extent permitted by law, we make no representations, warranties, or guarantees regarding any Content accessed on or through the Kibu Service. As between you and Kibu, you represent that you own (or have all rights necessary to grant) the rights in your User Content and that our exercise of the rights below will not require us to obtain licenses from or pay royalties to any third party. You grant Kibu a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license to use, host, store, copy, transmit, distribute, publicly perform, publicly display, adapt, edit, modify, translate, create derivative works from, and otherwise exploit your User Content, in any media now known or later developed, for any purpose (including commercial purposes) without compensation to you, and to the maximum extent permitted by law you waive any “moral rights” and any rights of privacy or publicity in such User Content. You also grant all users of the Kibu Service a limited license to view your User Content through the Kibu Service for their personal, non-commercial use (and, for Organization Licenses, solely for internal uses authorized for that organization). If you provide suggestions, feedback, reviews, or testimonials about the Kibu Service or our products, you grant Kibu a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable, royalty-free license to use, copy, modify, create derivative works from, and otherwise exploit such input for any purpose (including marketing) without notice or compensation. You may remove your User Content by deleting it specifically; however, copies may persist in backups, caches, or elsewhere within the Kibu Service and may not be completely removed, and we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any User Content; we may also retain and use User Content as required by law or for legitimate business purposes permitted by these Terms.

10. Rights and Terms for Apps. Subject to your compliance with these Terms, Kibu grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install one copy of any Kibu mobile or desktop application (each, an “App”) on a device you own or control and to run that copy solely for your personal, non-commercial use; and as applicable, an organization license if expressly granted to your organization in a separate agreement or order which permits internal, educational, data-tracking, and service-delivery uses within the organization only. You may make a reasonable number of backup or archival copies, but otherwise you may not copy, modify, create derivative works of, distribute, transfer, sublicense, lease, lend, or rent the App; reverse engineer, decompile, or disassemble the App (except to the extent such restrictions are prohibited by law); or make the App’s functionality available to multiple users by any means not expressly permitted. We reserve all rights in and to the App not expressly granted. If you access or download an App from an app store or distribution platform (e.g., the Apple App Store or Google Play) (each, an “App Provider”), you acknowledge that these Terms are between you and Kibu only, not with the App Provider; the App Provider has no obligation to provide maintenance or support for the App; in the event of any failure of the App to conform to an applicable warranty, you may notify the App Provider and (if applicable) the App Provider will refund the purchase price for the App, and to the maximum extent permitted by law the App Provider will have no other warranty obligation whatsoever; as between you and Kibu, we are responsible for addressing any claims relating to the App or your possession or use of the App, including product liability, consumer-protection, and intellectual-property claims; you must also comply with all applicable third-party terms of service when using the App; and you represent and warrant that you are not located in, and will not export or re-export the App to, any embargoed country or region and that you are not on any U.S., U.K., E.U., or other applicable government sanctions or restricted-party list. The App Provider is a third-party beneficiary of this paragraph and may enforce it. Individual and organizational subscribers may cancel services in accordance with our Membership Terms; unless otherwise stated, cancellation takes effect at the end of the then-current paid term and refunds are provided only where required by law.

11. General Prohibitions; Enforcement Rights. You agree not to: (i) post, upload, publish, submit, or transmit any User Content or engage in any activity that infringes, misappropriates, or violates any third party’s patent, copyright, trademark, trade secret, moral, publicity, or privacy rights; violates any law or regulation or gives rise to civil liability; is fraudulent, false, misleading, or deceptive; is defamatory, obscene, pornographic, vulgar, or offensive; promotes discrimination, bigotry, racism, hatred, harassment, or harm; is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity; exploits minors; or promotes illegal or harmful activities or substances; (ii) download or install any third-party software or application on any Kibu-branded hardware or device (excluding assistive technologies necessary for your own use of the Kibu Service, such as screen readers) unless we expressly permit it in writing; (iii) use, display, mirror, or frame the Kibu Service or any element within it, our name, trademarks, logos, proprietary information, or the layout and design of any page or form without our express written consent; (iv) access, tamper with, or use non-public areas of the Kibu Service, our computer systems, or our providers’ technical delivery systems; (v) probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; (vi) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure we or our providers or any third party (including another user) implement to protect the Kibu Service or Content; (vii) bypass any territorial (including IP-based) restrictions applied to the Kibu Service; (viii) access, scrape, or search the Kibu Service or Content, or download Content, using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data-mining tools, plug-ins, or add-ons) other than the software and/or search agents we provide or generally available third-party web browsers; (ix) send unsolicited or unauthorized advertising, promotions, emails, junk mail, spam, chain letters, or other solicitations; (x) use meta tags or other hidden text or metadata utilizing any Kibu trademark, logo, URL, or product name without our express written consent; (xi) use the Kibu Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party in any manner not permitted by these Terms or expressly authorized by us in writing; (xii) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or otherwise use the Kibu Service or Content to send altered, deceptive, or false source-identifying information; (xiii) decipher, decompile, disassemble, or reverse engineer any software used to provide the Kibu Service or Content (except to the extent such restrictions are prohibited by law); (xiv) interfere with, or attempt to interfere with, any user, host, or network, including by sending a virus, overloading, flooding, spamming, or mail-bombing the Kibu Service; (xv) collect or store any personally identifiable information from the Kibu Service about other users without their express permission; (xvi) copy, use, index, disclose, or distribute any information or data obtained from the Kibu Service (whether directly or via third parties, such as search engines) without our express written consent; (xvii) alter, replicate, store, distribute, or create derivatives from Content except as expressly permitted in writing by us; (xviii) impersonate or misrepresent your affiliation with any person or entity; (xix) access, use, or exploit the Kibu Service in any manner (other than as expressly permitted by these Terms) to build, develop (or commission the development of), replicate, or consult on any product or service that competes, directly or indirectly, with Kibu or the Kibu Service; (xx) violate any applicable law or regulation; or (xxi) encourage or enable anyone else to do any of the foregoing. You also agree to abide by our Member Code of Conduct (https://kibu.com/member-code). Although we are not obligated to monitor access to or use of the Kibu Service or Content or to review or edit any User Content, we may do so to operate the Kibu Service, ensure compliance with these Terms, comply with law, and maintain the integrity and reputation of the Kibu Service and our systems; we may remove or disable access to any User Content at any time and without notice (including where we, in our sole discretion, consider it objectionable or in violation of these Terms), investigate violations, and consult and cooperate with law-enforcement authorities to prosecute users who violate the law.

12. Member Interactions; Dealings with Third Parties. When interacting with other members or users of the Kibu Service, you should use caution and common sense to protect your personal safety and property. Your participation, correspondence, and personal or business dealings with any third party found on or through the Kibu Service, including payment and delivery of goods or services, donations for fundraisers, and any related terms, conditions, representations, or warranties, are solely between you and that third party; we are not a party to those dealings and, to the fullest extent permitted by law, we are not responsible or liable for any loss, damage, injury, or other matters arising from them. When visiting or taking classes at our Studios, please note that we are not responsible for lost or stolen items, and all visitors, guests, and members must comply with then-current Studio policies and the directions of Studio employees and representatives.

13. Indemnification. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Kibu, our affiliates, and our respective directors, officers, employees, agents, and representatives from and against all claims, demands, actions, liabilities, damages, losses, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees and costs, that arise from or relate to your access to or use of the Kibu Service, any User Content submitted by or on your behalf, or your violation of these Terms. We may, at our option, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.

14. Third-Party Software and Applications. Downloading or installing any third-party software or applications on any Kibu-branded hardware or device that we have not expressly authorized in writing constitutes a breach of these Terms. Any such download or installation is at your own risk and may void any applicable warranty or support commitments from Kibu. This restriction does not apply to assistive technologies necessary for your own use of the Kibu Service, such as screen readers, to the extent permitted by law and our policies.

15. Third-Party Links and Content. The Kibu Service may link to or display websites, applications, services, content, products, or materials provided by third parties (collectively, “Third-Party Sites” and “Third-Party Content”). We do not control, endorse, or adopt any Third-Party Sites or Third-Party Content and make no representations regarding their legality, accuracy, or appropriateness. Your access to and use of Third-Party Sites and Third-Party Content is at your sole risk and is subject to the terms and privacy policies of those third parties. To the fullest extent permitted by law, we are not responsible or liable, directly or indirectly, for any damage or loss arising from or related to your access to or use of any Third-Party Sites or Third-Party Content.

16. No Warranties. We may modify the Kibu Service at any time, including updating, adding, enhancing, removing, or altering any Content or features, in our sole discretion, and you are responsible for providing your own access, including a computer or mobile device and an internet connection; we have no obligation to screen or monitor any Content and do not guarantee that any Content available on the Kibu Service is suitable for all users or that it will remain available. THE KIBU SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND YOU USE THE KIBU SERVICE AT YOUR OWN RISK. Except as expressly provided in writing by us in connection with your purchase of a Kibu product, and to the extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, and any warranties arising out of course of dealing or usage of trade; without limiting the foregoing, we make no representations or warranties that the Kibu Service is or will be permitted in your jurisdiction, that the Kibu Service will be uninterrupted or error free, regarding any Content including User Content, regarding any third party’s use of User Content that you submit, that the Kibu Service will meet your personal or professional needs, that we will continue to support any particular feature of the Kibu Service, or regarding sites or resources outside of the Kibu Service even if linked from the Kibu Service. To the extent another person may access or view Content on your device, you are solely responsible for informing that person of the disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE YOU FIRST USED THE KIBU SERVICE, AND NO WARRANTIES APPLY AFTER THAT PERIOD.

17. Limitation of Liability. To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, goodwill, use, data, service interruption, computer or system failure, or inability to use the Kibu Service or Content, or other intangible losses, whether based on warranty, contract, tort, statute, or any other legal theory, and even if any limited remedy fails of its essential purpose. Our total liability to you for all claims arising out of or relating to the Kibu Service or these Terms will not exceed the amount you actually paid to us for the Kibu Service in the twelve months immediately preceding the event giving rise to your first claim. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. To the extent any limitation is not permitted, the remaining limitations will continue to apply to the maximum extent allowed by law. The exclusions and limitations in this section are fundamental elements of the basis of the bargain between you and Kibu.

18. Safety Warnings. The Kibu Service provides health and fitness information for educational and entertainment purposes only and is not medical or healthcare advice, diagnosis, or treatment. You must consult a physician or other qualified healthcare professional and obtain complete medical clearance before using the Kibu Service, participating in any class, or following any training, wellness, or nutrition guidance, and by accessing or using the Kibu Service you represent and warrant that you have received such clearance and are physically able to participate. Do not disregard, avoid, or delay obtaining medical advice because of anything on the Kibu Service, and use of all information and activities is at your sole risk; no doctor-patient, therapist-patient, or other professional relationship is created by your use. The Kibu Service is continually under development and, to the fullest extent permitted by law, we make no warranty as to accuracy, completeness, or appropriateness; developments in medical research may impact the advice presented and we do not promise that Content reflects the most recent findings. If you are pregnant, breastfeeding, or lactating you must obtain your physician’s approval before use. If you experience fainting, dizziness, shortness of breath, chest pain, nausea, pain, or any discomfort, stop immediately and seek medical care. We may refuse or cancel your membership if we determine that you have certain medical conditions or that any representation in this section is untrue.

19. Ownership; Intellectual Property; Reservation of Rights. The Kibu Service and all Content are owned by or licensed to Kibu and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. As between you and Kibu, we and our licensors own all right, title, and interest in and to the Kibu Service and Content, including the selection, coordination, arrangement, and enhancement of all Content and all software and technology used to provide the Kibu Service. All Kibu generated content, and content provided to us by partners and licensors, is copyrighted individually and as a collective work in all forms, media, and technologies now known or later developed. Your rights to use the Kibu Service and Content are limited to those expressly granted in these Terms, and you may not use any Kibu names, logos, or trademarks without our prior written permission. All rights not expressly granted are reserved.

20. Intellectual Property Usage and Reporting Infringement. We respect intellectual property rights and expect you to do the same. You are solely responsible for ensuring that your User Content and your use of the Kibu Service do not infringe any copyright, trademark, patent, trade secret, moral right, right of publicity, or other rights. If you believe any Content on the Kibu Service infringes your rights or the rights of someone you represent, please notify our support team using the contact information provided on the Kibu Site and include the following: (i) identification of the work you claim is infringed, (ii) identification of the material you believe is infringing and its location on the Kibu Service, such as a URL or other sufficient detail, (iii) your name, postal address, telephone number, and email address, (iv) a statement that you have a good faith belief that the disputed use is not authorized by the rights owner, its agent, or the law, and (v) a statement that the information in your notice is accurate and that you are the rights owner or are authorized to act on the owner’s behalf. We may remove or disable access to the reported material and may suspend or terminate accounts of repeat infringers consistent with these Terms. Knowingly submitting a false or misleading infringement report may subject you to liability.

21. Governing Law; Jurisdiction. These Terms are governed by the laws of the State of Connecticut, without regard to its conflict-of-laws rules. For any non-arbitrable Dispute, the exclusive jurisdiction and venue are the state courts of Connecticut and the United States District Court for the District of Connecticut, and you consent to personal jurisdiction in those courts. The U.S. Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Requirement and Class Action Waiver.

22. Arbitration Requirement and Class Action Waiver. To the fullest extent permitted by law, you and Kibu agree that any dispute, claim, or controversy arising out of or relating to these Terms, their breach, termination, enforcement, interpretation, or validity, or the use of the Kibu Service or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in any class, representative, or consolidated action or proceeding; the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Section 22, and, to the extent state law applies, the laws of the State of Connecticut apply without regard to conflict-of-laws rules, and the arbitrator will apply Connecticut substantive law consistent with the Federal Arbitration Act; you and Kibu each waive the right to a jury trial and to participate in a class action; as limited exceptions, you may bring a Dispute in small claims court if it qualifies and either party may seek injunctive or other equitable relief in court to prevent or enjoin infringement or misappropriation of intellectual property rights; before starting any arbitration, you agree to attempt to resolve the matter informally by sending a written Notice of Dispute by certified mail to the address in Section 26 that describes the nature and basis of the Dispute and the relief sought, and if the Dispute is not resolved within forty five days after Kibu receives the Notice, either party may commence arbitration; any arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect, except as modified by these Terms, and a party that wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice as the JAMS Rules require; JAMS will appoint an arbitrator who is either a retired federal or state court judge or an attorney licensed to practice law in Connecticut for at least ten years; unless both parties agree otherwise, the arbitration will include an in person hearing and will take place in the county or similar municipality where you live; if JAMS is unable or unwilling to administer the arbitration, the parties will select a different administrator, and if they cannot agree, a court will appoint one; the arbitrator has exclusive authority to decide all issues regarding the interpretation, applicability, enforceability, and scope of this arbitration agreement; during the arbitration, each side may take one deposition of the opposing party limited to four hours, and the arbitrator will resolve any scheduling disputes; payment of filing, administration, and arbitrator fees will follow the JAMS Rules, you will pay a consumer filing fee of two hundred fifty dollars if you assert a claim against Kibu, and Kibu will pay all other filing, administration, and arbitrator fees and expenses, and if your Dispute is for less than ten thousand U.S. dollars including attorneys’ fees and costs and the arbitrator finds your Dispute was not frivolous, Kibu will reimburse your initial filing fee, and if Kibu prevails Kibu will pay its own attorneys’ fees and costs and will not seek to recover them from you, and if you prevail you will be entitled to an award of attorneys’ fees and expenses to the extent provided by applicable law; you and Kibu agree that each may bring claims only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and neither JAMS nor the arbitrator may consolidate another person’s claims with your claims or preside over any representative or class proceeding, and if this class action waiver is found unenforceable the entirety of this Section 22 is null and void; notwithstanding Section 25 titled Modification, if Kibu changes any term of this Section 22 after the date you first accepted these Terms or accepted any subsequent changes, you may reject the change by sending written notice within thirty days of the effective date shown in the Last Updated date or in Kibu’s email notice, and by rejecting the change you agree that you will arbitrate any Dispute under the terms of this Section 22 as of the date you first accepted these Terms; except for the class action waiver sentence above, if any part of this Section 22 is found invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining parts remain in effect; for any Disputes that are not required to be arbitrated, if your contract for the Kibu Service is with Kibu, exclusive jurisdiction and venue lie in the state courts of Connecticut and the United States District Court for the District of Connecticut, and you consent to the jurisdiction of those courts. You may opt out of arbitration by sending a written notice of your decision to opt out to Kibu’s Legal Department at 78 Harvard Ave, Floor 3, Stamford, CT 06902, and by email to hello@kibu.com, within thirty days after the date you first agree to these Terms; your notice must include your full name, account email, mailing address, and a statement that you elect to opt out of arbitration. If you opt out, these Terms otherwise remain in effect, the class action waiver does not apply, and Section 21 (Governing Law; Jurisdiction ) will govern any Dispute that is not required to be arbitrated.

23. Interpretation; Severability; Waiver; Remedies. Headings are for convenience only and do not affect the interpretation of these Terms. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining provisions will remain in full force and effect. No failure or delay by us in exercising any right or remedy under these Terms operates as a waiver of that or any other right or remedy, and any waiver is effective only if in a writing signed by our duly authorized representative. Our rights and remedies under these Terms are cumulative and not exclusive.

24. Successors; Assignment; No Third-Party Beneficiaries. These Terms are binding on and inure to the benefit of you and Kibu and each of our respective successors and permitted assigns. You may not assign or transfer these Terms, or any rights or obligations hereunder, by operation of law or otherwise without our prior written consent, and any attempted assignment in violation of this section is void. We may assign these Terms, in whole or in part, without notice to you, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets. Except as expressly provided in these Terms, no person or entity other than you and Kibu has any rights as a third-party beneficiary.

25. File Storage Policy. We provide file storage within the Kibu Service for business-related User Content only, and all uploads must be submitted through our user interface; uploading files through any API or automated ingestion is prohibited unless we have expressly authorized it in writing. We currently accept only PDF documents and image files, and we may reject other formats; the maximum file size per upload is 25 MB unless a separate written agreement provides otherwise. We may set or modify storage quotas, rate limits, file type allowances, and size limits, and we may suspend, restrict, or terminate access if you exceed limits or violate this policy. We may remove or delete any User Content that violates these Terms or that we deem inappropriate, unsafe, or outside the scope of permitted use. Storage is provided for convenience and is not a backup or records-retention service; we do not guarantee the availability, integrity, or continued storage of any User Content, and you should maintain your own copies. We may monitor usage for compliance and security. Exceptions to these rules may be available to organizations under a separate written agreement, which may include additional fees.

26. Notices. You consent to receive all communications, including notices, agreements, disclosures, and other information from Kibu electronically, and we may communicate by email or by posting on the Kibu Service. For support-related inquiries, you may email our support team at hello@kibu.com. For all other notices to Kibu, write to: HomeField US, Inc., d/b/a Kibu, 78 Harvard Ave, Floor 3, Stamford, CT 06902, Attn: Legal Department. Nothing in these Terms limits our right to object to subpoenas, claims, or other demands.

27. Modification. We may update these Terms at any time in our sole discretion. If we do, we will provide notice at least by posting the updated Terms, identified by a revised “Last Updated” date, on the Kibu Site and within the Kibu Service. Unless we state otherwise, modifications are effective on the date they are posted. It is your responsibility to review the Terms before using the Kibu Service after any update, and your continued access to or use of the Kibu Service following the posting of updated Terms constitutes your acceptance of them. If you do not agree to the updated Terms, you must stop using the Kibu Service, except as otherwise provided in Section 20 titled Arbitration Requirement and Class Action Waiver regarding changes to that section. Because the Kibu Service evolves over time, we may change, suspend, or discontinue any part of the Kibu Service at any time without notice.

28. Entire Agreement. These Terms incorporate by reference the following, as applicable and as posted on the Kibu Site from time to time: Membership Terms, Privacy Policy, Warranty, any applicable Return Policy for hardware or accessories, Home Trial Terms if offered, and Corporate Wellness Supplemental Terms if applicable. In the event of any conflict between a policy posted on the Kibu Service and these Terms, these Terms control. These Terms constitute the entire agreement between you and HomeField US, Inc., d/b/a Kibu regarding the Kibu Service and Content, and they supersede all prior or contemporaneous agreements and understandings on that subject.

29. Force Majeure. Neither party is liable for any failure or delay in performing under these Terms, other than the obligation to pay amounts when due, to the extent caused by events beyond that party’s reasonable control and not resulting from its fault or negligence, including acts of God, acts of government, war, civil unrest, terrorism, embargoes, epidemics or pandemics, public health emergencies, fire, flood or other natural disasters, strikes or other labor disputes, failures or interruptions of utilities, communications, or transportation, or cyber events such as denial of service attacks, malware, or other malicious acts affecting the internet, an internet service provider, or a hosting facility. The affected party must use commercially reasonable efforts to mitigate the effects and resume performance as soon as practicable and must provide prompt notice and reasonable status updates upon request. Any performance deadline will be extended for a period equal to the time lost due to the force majeure event.