ASAPpy Terms of Service

1. Eligibility and Use Restrictions

1. Age. Users under 18 years of age (or the age of legal majority where you live) may not use our Services If you are a parent or guardian and you believe that your child under the age of 18 is using our Services without your consent, please contact us by using the contact form on our website.
2. Jurisdiction. You may only use our Services in jurisdictions authorized by Megagon. Use of our Services is currently authorized only in the State of New York in the United States.
3. Use and Sharing. You may only use our Services for personal, family or household purposes and not for any commercial use.

2. Your Information

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

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

3. Accounts

You must create an ASAPpy account with Megagon using your current mobile phone number to use some or all of our Services. You may not use a mobile phone number that is associated with a terminated or suspended account or a phone number that does not belong to you. You may not share or permit others to use your individual account credentials. When creating an ASAPpy Account, you must provide true, accurate, and complete information and you will promptly update any information contained in your account if it changes. You must use a strong password for your account that is unique to our Services and not used by you for any other website or online service. You are solely responsible for maintaining the confidentiality of your account and the information in your account, and, except as otherwise required by applicable law, you are solely responsible for all use of your account, whether or not authorized by you. You must promptly notify us if you discover or suspect that someone has accessed your account without your permission.

4. Reservations

1. Reservation Process. ASAPpy allows you to search for restaurants based on your location (or the location you designate) and criteria you choose from the options available within the App, such as your preferred cuisine and the number of people in your party, for the purpose of assisting you in making a reservation at eligible third-party restaurants. When you initiate a restaurant search, the App will select three restaurants based on your location (if you have enabled location services), your specified criteria, and restaurant availability at the time of your query. Once you select a restaurant option, the App will contact the restaurant on your behalf and attempt to secure a reservation for you. Once a successful reservation is made on your behalf, you will be provided a confirmation through the App. Megagon does not guarantee that each search you initiate on the App will result in a reservation. Please note that, other than to confirm your reservation, the ASAPpy App may not be able to provide additional information imparted by a restaurant employee during the call and Megagon explicitly disclaims any obligation to do so.
2. Changes to Reservations. When the App successfully assists you in making a reservation, your name and phone number will be provided to the restaurant in order to validate your reservation when you arrive. If you wish to change the information associated with an existing reservation, you must contact the restaurant directly. Reservations made through the App are between you and the restaurant, and Megagon is not a party to any reservation that you make through the App.
3. Canceling Reservations. If you wish to cancel a reservation that you have made through the App, you must cancel the reservation by contacting the restaurant directly.

   You must cancel any reservation that you will be unable to attend at least 30 minutes in advance of the reservation start time (or earlier, in accordance with the restaurant’s reservation policy). If you make a reservation less than 30 minutes in advance of the reservation start time (or earlier, in accordance with the restaurant’s reservation policy), please be aware that you may not be able to cancel the reservation. If you do not cancel a reservation in accordance with the restaurant’s cancelation policy, subject to the restaurant’s cancelation policy, you may be charged a cancelation or “no show” fee by the restaurant. Megagon bears no liability for your failure to comply with any restaurant policy, including for any fees charged by the restaurant for your violation of a restaurant’s cancelation policy. If you repeatedly fail to cancel reservations you do not expect to attend at least 30 minutes in advance of the reservation or in accordance with the restaurant’s cancellation policy (if it requires further advanced notice), or otherwise fail to attend a reservation made through the App, Megagon reserves the right, in its sole discretion, to terminate your account and/or your access to the Services.

5. AI Calling Feature

When you select a restaurant to make a reservation with through the App, you instruct the App to initiate an AI-generated call to the restaurant at which you are requesting a reservation. The App will inquire about reservation availability, and, if available, communicate your name, party size, and other information you indicate in your request, to the restaurant. Once the App recognizes that a reservation has successfully been made on your behalf, it will notify you through the App. When you instruct the App to initiate a reservation call, you understand that the App relies on the inputs you provide and, as such, Megagon is not responsible for reservation failures related to incorrect, inaccurate, unclear, or conflicting information you provide. You also understand and agree that you, and not Megagon, are responsible for effectively communicating any dietary preferences, allergies, accessibility needs, or special requests, directly with the restaurant. By installing the App or otherwise using the Services, you agree (i) to comply with all applicable laws and regulations and these Terms; and (ii) that Megagon has no liability for your failure to comply with all applicable laws and regulations and these Terms.

6. Prohibited Conduct

1. You will not use our Services if you are not eligible to use our Services in accordance with Section 1 and will not use our Services other than for their intended purpose. Further, you will not, in connection with our Services:
   • Cancel reservations made through the App in any way that may violate a restaurant’s cancelation policy, including failing to pay the restaurant’s cancelation fee, as applicable;
   • Use the App to make reservations at more than one restaurant for the same or overlapping times, or otherwise use the App to make reservations that you cannot or will not attend;
   • Register for a new account after your existing account has been suspended or terminated;
   • Use the App to sell, resell, trade, or exchange restaurant reservations or otherwise use the App for commercial purposes;
   • Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
   • Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
   • Use or attempt to use another user’s account or information without authorization from that user and Megagon;
   • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
   • Sell or resell our Services;
   • Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
   • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
   • Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
   • Reverse engineer any aspect of our Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
   • Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services except in accordance with instructions contained in our robot.txt file and only to compile for search results, provided that Megagon grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Megagon reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
   • Develop or use any applications or software that interact with our Services without our prior written consent;
   • Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
   • Link to any online portion of the Services in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by Megagon;
   • Publicly disseminate information regarding the performance of the Services or access or use the Services for competitive analysis or benchmarking purposes; or
   • Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
2. Enforcement of this Section 6 is solely at Megagon’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

7. Promotions

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

8. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights therein and thereto, are owned by Megagon or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use and solely with respect to any applications included in the Services, install and use such application on a mobile or personal device that you own or control. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights. Any applications included in the Services are licensed (not sold), and if you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the applicable application and remove (that is, uninstall and delete) the applicable application from your mobile or personal device.

9. Trademarks

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

10. Feedback

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

11. Repeat Infringer Policy; Copyright Complaints

1. Our Policy. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of removing, in appropriate circumstances, content on our App that we understand or are made aware of infringing on the intellectual property rights of others (our DMCA Policy).
2. Reporting Claims of Copyright Infringement. If you believe that any content on our Services infringe any copyright that you own or control, you may notify Megagon’s designated agent (your notification, a DMCA Notice) as follows:

   Designated Agent:

   Megagon Labs

   Address

   444 Castro Street, Mountain View, CA 94041

   Telephone Number:

   +1.206.359.8357

   Email Address:

   customer-support@asap-py.com

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

12. Third-Party Content

1. Our Services rely on or interoperate with third-party products and services, including, without limitation, data storage services, advertising and analytics services, communications technologies, third-party app stores, third party mapping and real-time data services, and internet and mobile operators (collectively,Third-Party Materials). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services. You acknowledge that (a) the use and availability of the Services is dependent on third-party product vendors and service providers and (b) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Services operate.
2. We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, Third-Party Content). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.
3. We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Materials). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services.

13. Indemnification

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

14. Disclaimers

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

15. Limitation of Liability

1. To the fullest extent permitted by applicable law, Megagon and the other Megagon Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Megagon or the other Megagon Parties have been advised of the possibility of such damages, including, but not limited to, damages which arise out of or are any way connected with (1) these Terms (including any changes thereto), (2) any use of the Services, (3) any failure or delay (including, but not limited to, the use or inability to use any component of any of the Services), and (4) your visit to any restaurant or the performance, non-performance, conduct, or policies of any restaurant in connection with the Services. Megagon is neither an agent of nor otherwise associated with any restaurant for which you have made a reservation or claimed an offer or promotion from.
2. The total liability of Megagon and the other Megagon Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $50 or the amount paid by you to use our Services.
3. The limitations set forth in this Section 15 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Megagon or the other Megagon Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

16. Release

You are solely responsible for your interactions with restaurants and any and all responsibility, claims, demands, injuries, illnesses, damages (actual and consequential), liabilities, and costs of every kind and nature, known and unknown (including claims of negligence). suffered by you or a member of your dining party arising out of or relating to your interaction with, dispute, or visit to any restaurant or from any promotion, offer, product or service of any restaurant (“Claims”). You must resolve all Claims directly with restaurants. To the fullest extent permitted by applicable law, you release Megagon and the other Megagon Parties from any and all Claims.

17. Dispute Resolution; Binding Arbitration

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

FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

1. Informal Dispute Resolution Prior to Arbitration. For any dispute or claim that you have against Megagon, that Megagon has against you, or that you have or Megagon has arising from or relating to these Terms, our Services, or any aspect of the relationship between you and Megagon as relates to these Terms, our Services, including any privacy or data security claims, (collectively, Claims, and each a Claim), you and Megagon agree to attempt to first resolve the Claim informally via the following process:
   • If you assert a Claim against Megagon, you will first contact Megagon by sending a written notice of your Claim (Claimant Notice) to Megagon by certified mail addressed to 444 Castro Street, Mountain View, CA, 94041 or by email to customer-support@asap-py.com. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
   • If Megagon asserts a Claim against you, Megagon will first contact you by sending a written notice of Megagon’s Claim (Megagon Notice, and each of a Claimant Notice and Megagon Notice, aNotice) to you via the method of primary contact associated with your account. The Megagon Notice must (i) include the name of a Megagon contact and the contact’s telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
   • If you and Megagon cannot reach an agreement to resolve the Claim within thirty (30) days after you or Megagon receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Megagon first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.
2. Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court and any disputes exclusively related to the intellectual property or intellectual property rights of you or Megagon, including any disputes in which you or Megagon seek injunctive or other equitable relief for the alleged unlawful use of your or Megagon’s intellectual property or other infringement of your or Megagon’s intellectual property rights (IP Claims), all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 17(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
3. Federal Arbitration Act. These Terms affect interstate commerce, and the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.
4. Arbitration Procedure (Consumers and Businesses). All Claims must be submitted to the American Arbitration Association (the AAA) and will be resolved through binding arbitration before one arbitrator. The AAA administers arbitration pursuant to the due process standards set forth by the AAA and rules set forth by the AAA. Such rules differ if you are a consumer or a business as further described below:
   • If you are an individual using the Services for your personal use, you are a “Consumer”, and the then-current version of the AAA’s Consumer Arbitration Rules, which are available on the AAA’s website (adr.org), as amended by these Terms as follows, will apply to any arbitration between you and Megagon:
     • YOU AND MEGAGON AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND MEGAGON ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against Megagon or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
     • For any arbitration you initiate, you will pay the consumer filing fee, and Megagon will pay the remaining AAA fees and costs. For any arbitration initiated by Megagon, Megagon will pay all AAA fees and costs.
     • For all arbitrations where the Claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (iii) if the parties are unable to agree on a location, such determination will be made by the AAA or by the arbitrator.
     • If you or Megagon submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Megagon agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Megagon agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
     • The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
     • The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Megagon or against you by the same or coordinated counsel or are otherwise coordinated.
       • In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Megagon understand and agree that when twenty-five (25) or more similar claims are asserted against Megagon or you by the same or coordinated counsel or are otherwise coordinated resolution of your or Megagon’s Claim might be delayed.
       • For such coordinated actions, you and Megagon also agree to the following coordinated bellwether process. Counsel for claimants and counsel for Megagon shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process.
       • A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
       • This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved.
       • The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or Megagon’s case is selected for a bellwether process, withdrawn, or otherwise resolved.
       • A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Megagon or you.
5. One Year to Assert Claims. To the extent permitted by law, any Claim by you or Megagon relating in any way to these Terms, our Services, or any aspect of the relationship between you and Megagon as relates to these Terms or our Services, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and Megagon will not have the right to assert the Claim.
6. Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email at customer-support@asap-py.com or by certified mail addressed to Venture Studio: 444 Castro Street, Mountain View, CA, 94041. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.
7. Rejection of Future Arbitration Changes. You may reject any change we make to Section 17 (except address changes) by personally signing and sending us notice within 30 days of the change via email at customer-support@asap-py.com or by certified mail addressed to Venture Studio: 444 Castro Street, Mountain View, CA, 94041. If you do, the most recent version of Section 17 before the change you rejected will apply.
8. Severability. If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 17 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.

18. Governing Law

Any Claims will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Claim is not subject to arbitration pursuant to Section 17, then the state and federal courts located in New York County, New York, will have exclusive jurisdiction. You and Megagon waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

19. Modifying and Terminating Our Services

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

20. Severability

If any portion of these Terms other than Section 17 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

21. Export Control

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

22. Miscellaneous

1. Megagon’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.
2. If you have a question or complaint regarding the Services, please send an email to customer-support@asap-py.com or fill out our webform. Please note that communications via email or our webform will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your correspondence with us.

23. Additional Terms Applicable to Mobile Devices

The following terms apply if you install, access, or use the Services on any device that contains the iOS mobile operating system (the iOS App) developed by Apple Inc. (Apple).

1. Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple. Megagon, not Apple, is solely responsible for this iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the Apple iOS App Store will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.
2. Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple iOS App Store Terms of Service.
3. Maintenance and Support. You and Megagon acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4. Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Megagon. However, Megagon has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
5. Product Claims. You and Megagon acknowledge that as between Apple and Megagon, Megagon, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
6. Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, Megagon, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
7. Developer Name and Address. Any questions, complaints, or claims with respect to the iOS App should be directed to:

   Megagon Labs
   444 Castro Street, Mountain View, CA, 94041
   customer-support@asap-py.com

8. Third-Party Terms of Agreement. You will comply with any applicable third-party terms when using the Services.
9. Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

The following terms apply if you install, access, or use the Services on any device that contains the Android mobile operating system (the Android App) developed by Google, Inc. (Google):

1. You acknowledge that these Terms are between you and us only, and not with Google.
2. Your use of our Android App must comply with Google’s then-current Google Play Store Terms of Service.
3. Google is only a provider of the Google Play Store where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
4. Google is a third-party beneficiary to the Terms as they relate to our Android App.